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CEB Minutes 10/25/1990 1990 Code Enforcement Board October 25, 1990 r CODE ENFORCEMENT BOARD OF COLLIER COUNTY DATE: October 25, 1990 TIME: 9:00 A.M. PLACE: Rear of 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB STAFF PRESENT ANDREWS X CLARK X CONSTANTINE ABS MAN-ALICH X LAMOUREUX X MAZZONE X LAZARUS ABS SMITH X PEDONE X TOMASINO X STRAIN X YOVANOVICH X WILLIAMS X MINUTES BY: Ellie Hoffman, Deputy Clerk , CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 11:50 A.M. PRESIDING: Mark Strain, Vice-Chairman ADDENDA TO THE AGENDA: Three items. f Page 1 J ( CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA A~];tlQA Date: October 25, 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 September 24, 1990 4. PUBLIC HEARINGS ( A. Board of County Commissioners vs Larry Parks, CEB #90-049. B. Board of County Commissioners vs I.E.C. Rental, Inc. CEB #90-050. C. Board of County Commissioners vs HUlda Georges, CEB #90-051. D. Board of County Commissioners vs Esmeralda Castro, CEB #90-052. 5. OLD BUSINESS Review request for rehearing CEB #90-035 Board of County Commissioners vs Ayala. Review request for rehearing CEB #90-047 Board of County Commissioners vs Soto. Update a review CEB #90-048 Board of County Commissioners vs Moses. 6. NEW BUSINESS N/A 7. REPORTS None 8. NEXT MEETING DATE November 29, 1990 9 . ADJOURN ( , , , ( CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 ADDENDA: CASE NO: RESPONDENTS: LOCATION OF VIOLATION: VIOLATION: COMMENTS: MOTION: *** Request for reduction of fine re Case No. CEB CEB 90-025 to be added to Old Business. Request to add CEB 90-053 under Public Hearings, Item "E". CEB 90-049 to be continued to the meeting of November 29, 1990. *** CEB 90-053, Board of County Commissioners vs Danny Eugene Nelson II, Tammy Nelson, and Eric Nelson Danny Eugene Nelson II, Tammy Nelson, Eric Nelson 2333 41st. St. S.W., Golden Gate City, Florida Sections 8.8a of Ordinance No. 82-2, the Collier County Zoning Ordinance and 5,6,7 of Ordinance No. 88-45 the Collier County Litter Ordinance. Compliance Services Enforcement Coordinator Smith advised that Composite Exhibit "A" has been pro- vided to the recorder and the Board, and requested that this be admitted into evidence. He noted that the Respondents are the Owners of Record of 2333 41st. St. S.W., Golden Gate City, Florida. It was the consensus of the Board to accept Composite Exhibit "A" into the record as evidence. After being sworn in by Mr. Smith, Mr. Daniel Eugene Nelson II, stipulated that he is in viola- tion of the Ordinances as charged, and agreed that he would be in complete compliance by midnight Sunday, October 28, 1990. Mr. Smith stated that Compliance Services is recom- mending that if the property is not brought into compliance by midnight, October 28, 1990, that a fine of $250 per day be imposed. Made by Mr. Andrews that the ~jndings-of-Fact, Conclusions of Law and Order of the Board in Case No. CEB 90-053 are that this cause came before the Board on October 25, 1990, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate mat- ters, thereupon issues its Findings of Fact, Page 2 , CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 Conclusions of Law and Order of the Board as follows: that Danny Eugene Nelson II, Tammy Nelson and Eric Nelson are the owners of record of the subject property with Danny Eugene Nelson II acting as Trustee for Tammy Nelson and Eric Nelson. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that Danny Eugene Nelson II was present at the public hearing. All notices required by Collier County Ordinance No. 88-89 have been property issued. That the real property legally described as Lot 19, Block 7, Unit 1, Golden Gate, 2333 41st. St. S.W., Golden Gate, Florida, is in violation of Section(s) 8.8a. of Ordinance 82-2 and Section(s) 5,6, and 7 of Ordinance No. 88-45, in the following particulars: Allowing illegal and unauthorized accumulation of litter, trash, and debris; and parking and storing vehicles without proper tags. Seconded by Mr. Lamoureux. Carried 5/0. MOTION: Made by Mr. Andrews that the Conclusions of Law are that Danny Eugene Nelson II, Tammy Nelson, and Eric Nelson with Danny Eugene Nelson II acting as Trustee for Tammy Nelson and Eric Nelson are in violation of Section(s) 8.8a. of Collier County Ordinance No. 82-2, the Collier County Zoning Ordinance and Section(s) 5, 6, and 7 of Collier County Ordinance No. 88-45, the Collier County Litter Ordinance; 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 No. 88-89, it is hereby ordered that the Respondents correct the violation of Section(s) 8.8a., Collier County Ordinance No. 82-2 and Section(s) 5, 6, and 7 of Collier County Ordinance No. 88-45 in the following manner: All vehicles must be properly licensed and street operable or removed from pro- perty; and removal of trash, litter, and debris to approved landfill as outlined in Paragraph 4.A of the above Findings of Fact. That said correction(s) be completed on or before the 28th 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 $250.00 per day for each and every day any violation described herein continue~as~ 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 ---- , ./ \ Page 3 , CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 CASE NO. RESPONDENT: LOCATION OF VIOLATION: VIOLATION: COMMENTS: , , Statutes, which may be foreclosed, and Respondents' property sold to enforce the lien. Done and Ordered this 25th Day of October, 1990, at Collier County, Florida. Seconded by Mr. Pedone. Carried 5/0. *** CEB 90-050, Board of County Commissioners vs I.E.C. Rental, Inc. I.E.C. Rental, Inc. 3994 Mercantile Sections 5, 6, and 7 of Ordinance 88-45, the Collier County Litter Ordinance. Compliance Services Enforcement Coordinator Smith stated that recorder and the Board have been pro- vided with Composite Exhibit "A", and requested that this be admitted into evidence relative to CEB Case 90-050. Mr. Robert Cadenhead, representing Ivy J. Nebus, President, I.E.C. Rental, Inc., stated that there is not a clear determination of what "litter" is. It was the consensus of the Board to accept Composite Exhibit "A" into the record as evidence. Code Compliance Investigator Tomasino stated that initial investigation of the lot in question revealed a large accumulation of litter consisting of tires, engine parts, houses, junk cars and boats. He indicated that Mr. Cadenhead has attempted to bring the violations into compliance, but noted that as of yesterday, October 24, 1990, a large amount of debris still exists on the lot. Mr. Tomasino read the definitions of "Abandoned Property" and "Litter" from Ordinance 88-45. Code Compliance Supervisor Dahir reported that on October 8, 1990, he visited the site and explained to Mr. Cadenhead that any tire that is ripped apart is "trash", but anything of value that would be used for business would not be considered "trash". He indicated that Mr. Cadenhead said that he Page 4 ( CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 understood and agreed that there was trash on the property and that he would dispose of same. He affirmed that the boat and some of the other trash and garbage remain on the property. After being sworn in by Mr. Smith, Mr. Robert Cadenhead stated that he disagrees with the County's position. He related that the subject lot is Industrial property which was owned and occupied prior to 1970. He expressed that trash is "anything that is discarded with no value", but noted that everything that remains on the property is of value. He explained that he did clean up the property to appease Code Enforcement Officials, but he is tired of the nit-picking and will not remove another thing. He indicated that if he moves anything else, he will give the bill to the County. He stated that the boat on the property is being salvaged and everything else on the property is being stored. , Mr. Cadenhead advised that there was a large amount of litter that he agreed was trash and cleaned that up. He reported that there are wheels on his pro- perty valued at $100 each and he does not want to dispose of them. In addition, he noted that there is a 1954 Ford pick up truck that is an antique and Compliances Services staff say that this is litter. He stated that he may place whatever he desires on. his property and it is not up to County staff to determine the value of same. He affirmed that he has spent $2,000 to clean up this property. He disclosed that he realizes that his property is an eyesore, but his neighbors continue to build around him. He stated that he does not need to provide a fence around his property since he was there prior to the fence ordinance. Mr. Cadenhead reported that there is a nearby corner lot where the Sheriff's Office has an abun- dance of abandoned vehicles with no tags. I Mr. Clark advised that a complaint has been received from Mr. Cadenhead's neighbor who has been cited for a-violation and contends that he will clean up his property if Mr. Cadenhead does the same. He questioned whether there is some middle ground and if Mr. Cadenhead could have his property cleaned up within 30-60 days. Mr. Cadenhead replied negatively, noting that everything on his Page 5 , , f CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 lot is of value, but if the County can prove that these items have no value, he will remove them. Mr. Clark asked if Mr. Cadenhead is willing to cover the boat with a tarp, to which he responded negatively, and noted that it is on the back side of his property and there is no need for a tarp. He declared that there is nothing on his property which is a nuisance. Mr. Williams related that this property is within an Industrial area, and he has a problem distinguishing what is junk and what is not. At this time Case No. CEB-90-050 was dismissed, since there were no Findings of Fact. *** Recess 10:05 A.M. - Reconvened 10:15 A.M. *** CASE NO: COMMENTS: CASE NO: RESPONDENT: LOCATION OF VIOLATION: VIOLATION: COMMENTS: CEB 90-051, Board of County Commissioners vs Hulda Georges Compliance Services Enforcement Coordinator Smith suggested that CEB Case No. 90-051 be continued to next month since additional information is needed. It was the consensus of the Boa~d to continue Case No. CEB 90-051 until next month. *** CEB 90-052, Board of County Commissioners vs Esmeralda Castro Esmeralda Castro Lot #8, Doak Avenue, Township 47, Range 29, Section 9, Parcel 13.14, Immokalee, Florida Sections 7.16c.l.b of Ordinance No. 82-2, the Collier County Zoning Ordinance. Compliance Services Enforcement Coordinator Smith advised that Composite Exhibit "A" has been pro- vided to the recorder and the Board with respect to CEB Case No. 90-052 and requested that this be admitted into evidence. Page 6 , , ( CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: OCTOBER 25, 1990 It was the consensus of the Board to accept Composite Exhibit "A" into the record as evidence. Mr. Smith stated that the Respondent, Esmeralda Castro, is the owner of the subject property, and has been advised that these violations need to be corrected and the proper notice has been served, as required by Ordinance. Mr. Smith reported that on 6-15-90, Compliance Services Investigator Bolgar observed two mobile homes occupying a single lot, both connected to all utilities (sewer, electrical and water), and a trailer in the rear of the property. Mr. Smith stated that on 6-23-90, a notice of violation and stipulation was mailed and on 8-8-90, an extension was granted since the Respondent requested additional time to move one trailer. He reported that an extension was granted until 9-24-90. Mr. Smith indicated that on 9-25-90 the property was re-checked and found that both mobile homes were still occupying the property and had been removed. He advised that Staff has had numerous conversations with Ms. Castro and Investigator Bolgar talked with Ms. Castro's mother as late as yesterday. After being sworn in by Mr. Smith, Investigator Bolgar reported that he received a long distance call from Ms. Castro who is in Tennessee, but she is supposed to be back in town this week. He noted that the trailer is not presently occupied. Mr. Smith advised that Staff is recommending the removal of the mobile home within 30 days or that a fine of $100 per day be imposed. There were no other speakers. Presentation of evi- dence in this case was closed at this time. Made by Mr. Lamoureux that the Findings-of-Fact in Case No. 90-052 are that this cause came before the Board on October 25, 1990, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate mat- ters, thereupon issues its Findings of Fact, Conclusions of Law and Order of the Board as Page 7 ( CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 , MOTION: ( follows: That Esmeralda Castro is the owner of record of the subject property: that the Code Enforcement Board has jurisdiction of the person of the Respondent and that Esmeralda Castro was not present at the public hearing; all notices required by Collier County Ordinance No. 88-89 have been properly issued; that the real property legally described as the East 39.00 feet of the West 152.00 feet being reserved for an ingress and egress ease- ment; commencing at the North 1/4 corner of Section 9, Township 47 South, Range 29 East, Collier County, Florida; thence Southerly 1173.02 feet along the center of said Section 9 to the Point of BeainninQ; thence continue along said line 124.34 feet; thence Easterly 451.65 feet along the exten- sion of the South boundary of Palmetto Park as recorded in Plat Book 5, page 4 of the Public Records of Collier County, Florida; thence Northerly 124.82 feet parallel with the West Boundary of Block 2, Palmetto Park; thence Westerly 451.01 feet along the extension of Doak Avenue as shown on the Plat of Palmetto Park to the Point of Beginning. The East and West 30 feet reserved for a road right of way is in violation of Section(s) 7.16c.l)(b) of Ordinance No. 82-2 in the following particulars: there are two mobile homes being stored on one single family lot. Seconded by Mr. Andrews. Carried 5/0. Made by Mr. Lamoureux that the Conclusions of Law are that Esmeralda Castro is in violation of Section(s) 7.16c.l)(b) of Collier County Ordinance No. 82-2, the Collier County Zoning Ordinance. 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 No. 88-89, it is hereby Ordered: That the Respondent correct the violation of Section(s) 7.16c.l)(b), Collier County Ordinance No. 82-2 in the fOllOWing manner: (1) By removing one trailer/mobile home from the single family lot as outlined in the above Findings of Fact. (2) That said correction(s) be completed on or before the 25th day of November, 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 $100.00 per day for each and every day any violation described herein con- tinues past said date. Failure to comply with tfie- Order within the specified time will result in the Page 8 , CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 ITEM: CASE NO.: COMMENTS: ( I 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 Mr. Andrews. Carried 5/0. *** Old Business CEB 90-035, Request for rehearing, Board of County Commissioners vs Ayala. Attorney J. Richard Smith, representing Jesus and Mary Ayala, requested a rehearing with respect to Case No. CEB 90-035. He explained that at the ini- tial hearing there was an issue concerning whether Mr. Ayala was the owner of the property surrounding a lake. He noted that Mr. Ayala admitted that he owned the lake, but at another hearing, testimony was that Mr. Ayala had taken care of the property that he owned which surrounded the lake, but the property that surrounded the lake had been conveyed by Agreements for Deed. Attorney Smith indicated that he believes that the Board recognizes that Mr. Ayala wants to cooperate but desires to raise his rights and objections under the law. He reported that he has spent a lot of time and money cleaning up his portion of the property, but it is clear, as stated in previous testimony, that there is one segment of property which is not his and he put up a barrier so that there would not be a reoccurrence. He explained that the legal questions involving the issue of Agreements for Deed is the reason he requested the rehearing since he had not received notice of the memorandum that had been filed and he did not have the opportunity to study or respond to same. Attorney Smith revealed that he has since reviewed the memorandum and prepared and presented an addi- tional memorandum which speaks for itself. He noted that each of the current legal cases dealing with this issue is clear that Agreement for Deed is the taking back of the mortgage. He requested that Mr. Ayala's case be reconsidered. In answer to Mr. Strain, Attorney Smith advised that he questions whether the fine imposed was proper. He stated that Mr. Ayala was impo?ed the Page 9 ( CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 MOTION: f MOTION: CASE NO: COMMENTS: I maximum fine after he took steps to do what he was supposed to do. He noted that it is impossible for his client to clean up property for which he is not responsible. Mr. Strain advised that this is a quasi-judicial board that relies on real factual evidence based on property and not on legalities of law, i.e. Agreements for Deed or mortgages. He indicated that based on the evidence as presented and the fact that the property did contain debris, the Board voted on the issue and he does not see the need for a rehearing. Assistant County Attorney Yovanovich advised that the County Attorney's office has not changed their opinion, based on Attorney Smith's second memo, and noted that his contention is that Mr. Ayala is still the owner of the property. Mr. Lamoureux stated that he is in agreement with the County's position on this issue. Made by Mr. Andrews to deny the request for rehearing of CEB Case No. 90-035. Seconded by Mr. Lamoureux. Carried 4/1 (Mr. Williams opposed). Attorney Yovanovich advised that the original is stayed as a result of action as taken by the Board.. Attorney Smith indicated that his client intends to appeal the Board's decision, and requested a 15 day stay before he complies with the original order to allow sufficient time for the filing of an appeal. Made by Mr. Lamoureux to grant a 15 day stay to the original order so that an appeal may be filed. Seconded by Mr. Williams. Carried 5/0. *** CEB 90-053, Board of County Commissioners vs Robert W. McCarthy, Trustee, Request for Fine Reduction Compliance Services Enforcement Coordinator Smith advised that as documented in the agenda packet, this case began on April 26, 1990 when Mr. McCarthy was sent invoices for fines due in the amounts of $2,850, $4,350 and $7,200, totaling $14,400. He reported that as of yesterday, October 24, 1990, the property has not been brought into compliance. Page 10 , CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 Mr. Smith reported that Attorney Daniel Conley is requesting that the fines be reduced, but Staff is opposed to this request since the property is still not in compliance. He explained that the RV's have been removed but the trash, litter, debris and sewer pipes are still there. He noted that a meeting was held on September 28, 1990, with Attorney Conley, Messrs. McCarthy, Clark and him- self, and Mr. McCarthy agreed to remove the viola- tions. Mr. Lamoureux stated that he knows Attorney Conley personally but has no knowledge of this case. He questioned whether he should abstain from par- ticipating in this case. Assistant County Attorney Mafialich indicated that he sees no conflict in this regard and affirmed that Mr. Lamoureux may par- ticipate in the discussion and voting with respect to this case. Attorney Daniel Conley expressed no objection to Mr. Lamoureux's participation in this case. , f Attorney Daniel Conley, stated that Mr. Robert McCarthy is Co-Owner of the company that developed Imperial Wilderness. He indicated that the sewage treatment plant on the property served this area for 3 or 4 years. He related that the property next door was to be developed by Mr. McCarthy and the sewage was to be treated via the plant at Imperial Wilderness, but the residents objected to same. Mr. Lamoureux questioned if there are any other violations on the property other than the sewer treatment plant. Investigator Dennis Mazzone related that he has not cited Mr. McCarthy for any other violations. He reported that there has been an equipment bucket loader on the property for two weeks but this was not mentioned since he believed that it was being used to remove the violation. MOTION: Made by Mr. Lamoureux to postpone the request for fine reduction relative to CEB Case No. 90-25 to the meeting of November 29, 1990. Seconded by ~r. Williams. Carried 5/0. f *** Page 11 ( ITEM: CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 COMMENTS: MOTION: ( ITEM: COMMENTS: ( Review Request for rehearing CEB Case No. 90-047 Board of County Commissioners vs So to Attorney Smith stated that the Soto's are not financially able to go through the suggested proce- dure of moving the trailer. He indicated that Mr. Soto's family has been given an application for Farm Workers Village. He advised that Mr. Clark has offered a suggestion which he believes is accep- table. Mr. Clark indicated that Staff has no interest in pursuing the violations, and recommended that Mr. Soto be given until January 10, 1991 to remove the trailer from the property. Mr. Strain questioned whether the Board could reverse a decision that was previously made. Assistant County Attorney Yovanovich stated that the Board may stay the motion for rehearing in January and discuss the issue further. Made by Mr. Pedone to postpone the request for rehearing CEB Case No. 90-047 until the January meeting. Seconded by Mr. Williams. Carried 5/0. *** Update of CEB Case No. 90-048 Board of County Commissioners vs Moses Mr. Smith stated that the County had the subject property surveyed. He reported that Mr. Moses con- curs that the wall needs to be removed. He indi- cated that Staff is recommending that Mr. Moses be given an additional 10 days to comply with the set- back. Mr. Strain asked who paid for the survey, to which Mr. Smith advised that it was paid for by the County. Mr. Strain questioned whether Mr. Moses would be willing to reimburse the County for the cost of the survey. After being sworn in by Mr. Smith, Mr. Abraham Moses replied that after the survey was taken, he removed 2 feet from his shed and indicated that he does believe it is fair to ask him to pay for the survey since he did not build the shed. Page 12 ( CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 Investigator Mazzone stated that he cannot verify that the stakes were improperly placed on Mr. Moses' property, but when he saw the stakes he determined the violation based on the placement of same. He related that the updated survey indicated that the structure in question is still in viola- tion and he explained to Mr. Moses that the rear wall of the shed which carries an 8' overhang would have to meet the setback requirements. He remarked that he told Mr. Moses that the rear wall and the overhang would have to be removed, and noted that he is attempting to do so. He noted that the fence is 1.7 feet from the property line and a 10' set- back is required. Mr. Moses stated that the roof of the shed is 7' high and 22' long, and he has removed it and intends to use it to build a carport. Mr. Mazzone stated that Mr. Moses will be required to obtain a permit before he can build the carport, otherwise the material needs to be stored inside a structure. Mr. Moses indicated that he purchased his property with the shed as it stands and expressed that it seems unfair that he has to remove it. { Mr. Smith advised that staff's recommendation stands as previously stated: an additional 10 days, and then a fine of $100 per day for each and every day that the structure remains in violation. Mr. Strain indicated that the presentation of evi- dence relative to CEB Case No 90-048 in now closed. MOTION: Made by Mr. Pedone that this cause came for public hearing before the Board on October 25, 1990, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law and Order of the Board as follows: 1. That Abraham Joseph Moses and Dotty J. Moses are the owners of record of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that Abraham Joseph Moses was present at the public hearing. 3. All notices required by Collier County Ordinance No. 88-89 have been properly issued. 4. That the real proper~_ legally described as Lot 26, Block 8, Naples Manor Addition, as recorded in Plat Book~ pages 67 and 68, Public Records of Collier County, Florida is in ( Page 13 ( , . '" ':;'" I CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 violation of Section(s) 7.11(c)3 and 8.2. of Ordinance No. 82-2, in the following particulars: A. Wall considered a structure and must be removed and if roof is to be stored it must be stored pro- perly for future use if permitted. Seconded by Mr. Lamoureux. Carried 5/0. MOTION: Made by Mr. Pedone that Abraham Joseph Moses is in violation of Section(s) 7.11(c)3 and 8.2. of Collier County Ordinance No. 82-2, the Collier County Zoning Ordinance. Based upon the foregoing Findings of Fact and Conclusions of Law, and pur- suant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 88-89, it is hereby ordered: 1. That the Respondent correct the violation of Section(s) 7.11(c)3 and 8.2, Collier County Ordinance No. 82-2 in the following manner: Removal of wall and if roof is to be stored it must be stored properly for future use if permitted as outlined in the above Findings of Fact. 2. That said corrections(s) be completed on or before the 8th day of November, 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 $100.00 per day for each and every day 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 25th day of October, 1990. Seconded by Mr. Lamoureux. Carried 5/0. *** ITEM: Next Meeting Date - November 29, 1990. *** There being no further business, the meeting was adjourned by Order of the Chair. CODE ENFORCEMENT BOARD OF COLLIER COUNTY Mark Strain, Vice-Chairman Page 14 CODE ENFORCEMENT BOARD OF COLLIER COUNTY DATE: October 25, 1990 TIME: 9:00 A.M. PLACE: Rear of 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB STAFF PRESENT ANDREWS X CONSTANTINE ABS LAMOUREUX X LAZARUS ABS PEDONE X STRAIN X WILLIAMS X C""7 A~""i' MINUTES BY: Ellie Hoffman, Deputy Clerk CLARK MARALICH MAZZONE SMITH TOMASINO YOVANOVICH X X X X X X CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 11:50 A.M. PRESIDING: Mark Strain, Vice-Chairman ADDENDA TO THE AGENDA: Three items. Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY ADDENDA: CASE NO: RESPONDENTS: LOCATION OF VIOLATION: VIOLATION: COMMENTS: MOTION: OCTOBER 25, 1990 *** Request for reduction of fine re Case No. CEB CEB 90-025 to be added to Old Business. Request to add CEB 90-053 under Public Hearings, Item "E". CEB 90-049 to be continued to the meeting of November 29, 1990. *** CEB 90-053, Board of County Commissioners vs Danny Eugene Nelson II, Tammy Nelson, and Eric Nelson Danny Eugene Nelson II, Tammy Nelson, Eric Nelson 2333 41st. St. S.W., Golden Gate City, Florida Sections 8.8a of Ordinance No. 82-2, the Collier County Zoning Ordinance and 5,6,7 of Ordinance No. 88-45 the Collier County Litter Ordinance. Compliance Services Enforcement Coordinator Smith advised that Composite Exhibit "A" has been pro- vided to the recorder and the Board, and requested that this be admitted into evidence. He noted that the Respondents are the Owners of Record of 2333 41st. St. S.W., Golden Gate City, Florida. It was the consensus of the Board to accept Composite Exhibit "A" into the record as evidence. After being sworn in by Mr. Smith, Mr. Daniel Eugene Nelson II, stipulated that he is in viola- tion of the Ordinances as charged, and agreed that he would be in complete compliance by midnight Sunday, October 28, 1990. Mr. Smith stated that Compliance Services is recom- mending that if the property is not brought into compliance by midnight, October 28, 1990, that a fine of $250 per day be imposed. Made by Mr. Andrews that the Findings-of-Fact, Conclusions of Law and Order of the Board in Case No. CEB 90-053 are that this cause came before the Board on October 25, 1990, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate mat- ters, thereupon issues its Findings of Fact, Page 2 CODE ENPORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 Conclusions of Law and Order of the Board as follows: that Danny Euaene Nelson II, Tammy Nelson and Eric Nelson are the owners of record of the subject property with Danny Euaene Nelson II acting as Trustee for Tammy Nelson and Eric Nelson. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that Danny Eugene Nelson II was present at the public hearing. All notices required by Collier County Ordinance No. 88-89 have been property issued. That the real property legally described as Lot 19, Block 7, Unit 1, Golden Gate, 2333 41st. St. S.W., Golden Gate, Florida, is in violation of Section(s) 8.8a. of Ordinance 82-2 and Section(s) 5, 6, and 7 of Ordinance No. 88-45, in the following particulars: Allowing illegal and unauthorized accumulation of litter, trash, and debris; and parking and storing vehicles without proper tags. Seconded by Mr. Lamoureux. Carried 5/0. MOTION: Made by Mr. Andrews that the Conclusions of Law are that Danny Eugene Nelson II, Tammy Nelson, and Eric Nelson with Danny Eugene Nelson II acting as Trustee for Tammy Nelson and Eric Nelson are in violation of Section(s) 8.8a. of Collier County Ordinance No. 82-2, the Collier County Zoning Ordinance and Section(s) 5, 6, and 7 of Collier County Ordinance No. 88-45, the Collier County Litter Ordinance; 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 No. 88-89, it is hereby ordered that the Respondents correct the violation of Section(s) 8.8a., Collier County Ordinance No. 82-2 and Section(s) 5, 6, and 7 of Collier County Ordinance No. 88-45 in the following manner: All vehicles must be properly licensed and street operable or removed from pro- perty; and removal of trash, litter, and debris to approved landfill as outlined in Paragraph 4.A of the above Findings of Fact. That said correction(s) be completed on or before the 28th 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 $250.00 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 Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY CASE NO. RESPONDENT : LOCATION OF VIOLATION: VIOLATION: COMMENTS: OCTOBER 25, 1990 Statutes, which may be foreclosed, and Respondents' property sold to enforce the lien. Done and Ordered this 25th Day of October, 1990, at Collier County, Florida. Seconded by Mr. Pedone. Carried 5/0. *** CEB 90-050, Board of County Commissioners vs I.E.C. Rental, Inc. I.E.C. Rental, Inc. 3994 Mercantile Sections 5, 6, and 7 of Ordinance 88-45, the Collier County Litter Ordinance. Compliance Services Enforcement Coordinator Smith stated that recorder and the Board have been pro- vided with Composite Exhibit "AI', and requested that this be admitted into evidence relative to CEB Case 90-050. Mr. Robert Cadenhead, representing Ivy J. Nebus, President, I.E.C. Rental, Inc., stated that there is not a clear determination of what "litter" is. It was the consensus of the Board to accept Composite Exhibit "A" into the record as evidence. Code Compliance Investigator Tomasino stated that initial investigation of the lot in question revealed a large accumulation of litter consisting of tires, engine parts, houses, junk cars and boats. He indicated that Mr. Cadenhead has attempted to bring the violations into compliance, but noted that as of yesterday, October 24, 1990, a large amount of debris still exists on the lot. Mr. Tomasino read the definitions of "Abandoned Property" and "Litter" from Ordinance 88-45. Code Compliance Supervisor Dahir reported that on October 8, 1990, he visited the site and explained to Mr. Cadenhead that any tire that is ripped apart is "trash", but anything of value that would be used for business would not be considered "trash". He indicated that Mr. Cadenhead said that he Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 understood and agreed that there was trash on the property and that he would dispose of same. He affirmed that the boat and some of the other trash and garbage remain on the property. After being sworn in by Mr. Smith, Mr. Robert Cadenhead stated that he disagrees with the County's position. He related that the subject lot is Industrial property which was owned and occupied prior to 1970. He expressed that trash is "anything that is discarded with no value", but noted that everything that remains on the property is of value. He explained that he did clean up the property to appease Code Enforcement Officials, but he is tired of the nit-picking and will not remove another thing. He indicated that if he moves anything else, he will give the bill to the County. He stated that the boat on the property is being salvaged and everything else on the property is being stored. Mr. Cadenhead advised that there was a large amount of litter that he agreed was trash and cleaned that up. He reported that there are wheels on his pro- perty valued at $100 each and he does not want to dispose of them. In addition, he noted that there is a 1954 Ford pick up truck that is an antique and Compliances Services staff say that this is litter. He stated that he may place whatever he desires on his property and it is not up to County staff to determine the value of same. He affirmed that he has spent $2,000 to clean up this property. He disclosed that he realizes that his property is an eyesore, but his neighbors continue to build around him. He stated that he does not need to provide a fence around his property since he was there prior to the fence ordinance. Mr. Cadenhead reported that there is a nearby corner lot where the Sheriff's Office has an abun- dance of abandoned vehicles with no tags. Mr. Clark advised that a complaint has been received from Mr. Cadenhead's neighbor who has been cited for a violation and contends that he will clean up his property if Mr. Cadenhead does the same. He questioned whether there is some middle ground and if Mr. Cadenhead could have his property cleaned up within 30-60 days. Mr. Cadenhead replied negatively, noting that everything on his Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 lot is of value, but if the County can prove that these items have no value, he will remove them. Mr. Clark asked if Mr. Cadenhead is willing to cover the boat with a tarp, to which he responded negatively, and noted that it is on the back side of his property and there is no need for a tarp. He declared that there is nothing on his property which is a nuisance. Mr. Williams related that this property is within an Industrial area, and he has a problem distinguishing what is junk and what is not. At this time Case No. CEB-90-050 was dismissed, since there were no Findings of Fact. *** Recess 10:05 A.M. - Reconvened 10:15 A.M. *** CASE NO: COMMENTS: CASE NO: RESPONDENT : LOCATION OF VIOLATION: VIOLATION: COMMENTS: CEB 90-051, Board of County Commissioners vs Hulda Georges Compliance Services Enforcement Coordinator Smith suggested that CEB Case No. 90-051 be continued to next month since additional information is needed. It was the consensus of the Board to continue Case No. CEB 90-051 until next month. *** CEB 90-052, Board of County Commissioners vs Esmeralda Castro Esmeralda Castro Lot #8, Doak Avenue, Township 47, Range 29, Section 9, Parcel 13.14, Immokalee, Florida Sections 7.16c.l.b of Ordinance No. 82-2, the Collier County Zoning Ordinance. Compliance Services Enforcement Coordinator Smith advised that Composite Exhibit "A" has been pro- vided to the recorder and the Board with respect to CEB Case No. 90-052 and requested that this be admitted into evidence. Page 6 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: OCTOBER 25, 1990 It was the consensus of the Board to accept Composite Exhibit "A" into the record as evidence. Mr. Smith stated that the Respondent, Esmeralda Castro, is the owner of the subject property, and has been advised that these violations need to be corrected and the proper notice has been served, as required by Ordinance. Mr. Smith reported that on 6-15-90, Compliance Services Investigator Bolgar observed two mobile homes occupying a single lot, both connected to all utilities (sewer, electrical and water), and a trailer in the rear of the property. Mr. Smith stated that on 6-23-90, a notice of violation and stipulation was mailed and on 8-8-90, an extension was granted since the Respondent requested additional time to move one trailer. He reported that an extension was granted until 9-24-90. Mr. Smith indicated that on 9-25-90 the property was re-checked and found that both mobile homes were still occupying the property and had been removed. He advised that Staff has had numerous conversations with Ms. Castro and Investigator Bolgar talked with Ms. Castro's mother as late as yesterday. After being sworn in by Mr. Smith, Investigator Bolgar reported that he received a long distance call from Ms. Castro who is in Tennessee, but she is supposed to be back in town this week. He noted that the trailer is not presently occupied. Mr. Smith advised that Staff is recommending the removal of the mobile home within 30 days or that a fine of $100 per day be imposed. There were no other speakers. Presentation of evi- dence in this case was closed at this time. Made by Mr. Lamoureux that the Pindings-of-Pact in Case No. 90-052 are that this cause came before the Board on October 25, 1990, and the Board havina heard testimony under oath, received evidence, and heard arguments respective to all appropriate mat- ters, thereupon issues its Pindinas of Pact, Conclusions of Law and Order of the Board as Page 7 CODE EKrORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 follows: That Esmeralda Castro is the owner of record of the subject property; that the Code Enforcement Board has jurisdiction of the person of the Respondent and that Esmeralda Castro was not present at the public hearing; all notices required by Collier County Ordinance No. 88-89 have been properly issued; that the real property leaally described .s the East 39.00 feet of the Nest 152.00 feet being reserved for an ingress and egress ease- ment; co..encing at the North 1/4 corner of Section 9, Township 47 South, Range 29 East, Collier County, Plorida; thence Southerly 1173.02 feet along the center of said Section 9 to the Point of Beginning; thence continue along said line 124.34 feet; thence Easterly 451.65 feet along the exten- sion of the South boundary of Palmetto Park as recorded in Plat Book 5, page 4 of the Public Records of Collier County, Florida; thence Northerly 124.82 feet parallel with the West Boundary of Block 2, Palmetto Park; thence Westerly 451.01 feet along the extension of Doak Avenue as shown on the Plat of Palmetto Park to the Point of Beginning. The East and West 30 feet reserved for a road right of way is in violation of Section(s) 7.16c.l)(b) of Ordinance No. 82-2 in the follOWing particulars: there are two mobile homes being stored on one sinale family lot. Seconded by Mr. Andrews. Carried 5/0. MOTION: Made by Mr. Lamoureux that the Conclusions of Law are that Esmeralda Castro is in violation of Section(s) 7.16c.l)(b) of Collier County Ordinance No. 82-2, the Collier County Zoning Ordinance. B_ed upon the foregoina Findinas of Pact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Plorida Statutes, and Collier County Ordinance No. 88-89, it is hereby Ordered: That the Respondent correct the violation of Section(s) 7.16c.l)(b), Collier County Ordinance No. 82-2 in the follOWing manner: (1) By removing one trailer/mobile home from the single family lot as outlined in the above Findings of Pact. (2) That said correction(s) be co~leted on or before the 25th day of November, 1990, and if Respondent does not co~ly with this Order on or before that date, then and in that event Respondent is hereby ordered to pay a fine of $100.00 per day for each and every day any violation described herein con- tinues past said date. Failure to comply with the Order within the specified time will result in the Page 8 CODE EBPORCEMENT BOARD OF COLLIER COUNTY I'l"EM: CASE BO.: c~rS: OCTOBER 25, 1990 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 Mr. Andrews. Carried 5/0. *** Old Business CEB 90-035, Request for rehearing, Board of County Co..issioners vs Ayala. Attorney J. Richard Smith, representing Jesus and Mary Ayala, requested a rehearing with respect to Case No. CEB 90-035. He explained that at the ini- tial hearing there was an issue concerning whether Mr. Ayala was the owner of the property surrounding a lake. He noted that Mr. Ayala admitted that he owned the lake, but at another hearing, testimony was that Mr. Ayala had taken care of the property that he owned which surrounded the lake, but the property that surrounded the lake had been conveyed by Agreements for Deed. Attorney Smith indicated that he believes that the Board recognizes that Mr. Ayala wants to cooperate but desires to raise his rights and objections under the law. He reported that he has spent a lot of time and money cleaning up his portion of the property, but it is clear, as stated in previous testimony, that there is one segment of property which is not his and he put up a barrier so that there would not be a reoccurrence. He explained that the legal questions involving the issue of Agreements for Deed is the reason he requested the rehearing since he had not received notice of the memorandum that had been filed and he did not have the opportunity to study or respond to same. Attorney Smith revealed that he has since reviewed the memorandum and prepared and presented an addi- tional memorandum which speaks for itself. He noted that each of the current legal cases dealing with this issue is clear that Agreement for Deed is the taking back of the mortgage. He requested that Mr. Ayala's case be reconsidered. In answer to Mr. Strain, Attorney Smith advised that he questions whether the fine imposed was proper. He stated that Mr. Ayala was imposed the Page 9 CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 maximum fine after he took steps to do what he was supposed to do. He noted that it is impossible for his client to clean up property for which he is not responsible. Mr. Strain advised that this is a quasi-judicial board that relies on real factual evidence based on property and not on legalities of law, i.e. Agreements for Deed or mortgages. He indicated that based on the evidence as presented and the fact that the property did contain debris, the Board voted on the issue and he does not see the need for a rehearing. Assistant County Attorney Yovanovich advised that the County Attorney's office has not changed their opinion, based on Attorney Smith's second memo, and noted that his contention is that Mr. Ayala is still the owner of the property. Mr. Lamoureux stated that he is in agreement with the County's position on this issue. MOTION: Made by Mr. Andrews to deny the request for rehearina of CEB Case No. 90-035. Seconded by Mr. Lamoureux. Carried 4/1 (Mr. Williams opposed). Attorney Yovanovich advised that the original is stayed as a result of action as taken by the Board. Attorney Smith indicated that his client intends to appeal the Board's decision, and requested a 15 day stay before he complies with the original order to allow sufficient time for the filing of an appeal. MOTIOR : Made by Mr. Lamoureux to grant a 15 day stay to the oriainal order so that an appeal aay be filed. Seconded by Mr. WilliUlS. Carried 5/0. I *** o z,,) eEB 90-053, Board of County COllUllissioners VB Robert w. McCarthy, Trustee, Request for Pine Reduction CASB .0: COI&JIDI"IS: Compliance Services Enforcement Coordinator Smith advised that as documented in the agenda packet, this case began on April 26, 1990 when Mr. McCarthy was sent invoices for fines due in the amounts of $2,850, $4,350 and $7,200, totaling $14,400. He reported that as of yesterday, October 24, 1990, the property has not been brought into compliance. Page 10 CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 Mr. Smith reported that Attorney Daniel Conley is requesting that the fines be reduced, but Staff is opposed to this request since the property is still not in compliance. He explained that the RV's have been removed but the trash, litter, debris and sewer pipes are still there. He noted that a meeting was held on September 28, 1990, with Attorney Conley, Messrs. McCarthy, Clark and him- self, and Mr. McCarthy agreed to remove the viola- tions. Mr. Lamoureux stated that he knows Attorney Conley personally but has no knowledge of this case. He questioned whether he should abstain from par- ticipating in this case. Assistant County Attorney Mafialich indicated that he sees no conflict in this regard and affirmed that Mr. Lamoureux may par- ticipate in the discussion and voting with respect to this case. Attorney Daniel Conley expressed no objection to Mr. Lamoureux's participation in this case. Attorney Daniel Conley, stated that Mr. Robert McCarthy is Co-Owner of the company that developed Imperial Wilderness. He indicated that the sewage treatment plant on the property served this area for 3 or 4 years. He related that the property next door was to be developed by Mr. McCarthy and the sewage was to be treated via the plant at Imperial Wilderness, but the residents objected to same. Mr. Lamoureux questioned if there are any other violations on the property other than the sewer treatment plant. Investigator Dennis Mazzone related that he has not cited Mr. McCarthy for any other violations. He reported that there has been an equipment bucket loader on the property for two weeks but this was not mentioned since he believed that it was being used to remove the violation. MO'rIOIf: Made by Mr. Lamoureux to postpOne the request for fine reduction relative to CES Case Ifo. 90-25 to the aeeting of lfoveaber 29, 1990. Seconded by Mr. Willi.... Carried 5/0. *** Page 11 ITEM : CODE ElO'ORCEMEffT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 CQMMEftS: MOTION: ITEM : COIDm.~S: Review Request for rehearing CEB Case No. 90-047 Board of County Commissioners vs Soto Attorney Smith stated that the Soto's are not financially able to go through the suggested proce- dure of moving the trailer. He indicated that Mr. Soto's family has been given an application for Farm Workers Village. He advised that Mr. Clark has offered a suggestion which he believes is accep- table. Mr. Clark indicated that Staff has no interest in pursuing the violations, and recommended that Mr. So to be given until January 10, 1991 to remove the trailer from the property. Mr. Strain questioned whether the Board could reverse a decision that was previously made. Assistant County Attorney Yovanovich stated that the Board may stay the motion for rehearing in January and discuss the issue further. Made by Mr. Pedone to postpone the request for rehearina CEB Case No. 90-047 until the 3anuary meetina. Seconded by Mr. Williams. Carried 5/0. *** Update of CEB Case No. 90-048 Board of County Commissioners vs Moses Mr. Smith stated that the County had the subject property surveyed. He reported that Mr. Moses con- curs that the wall needs to be removed. He indi- cated that Staff is recommending that Mr. Moses be given an additional 10 days to comply with the set- back. Mr. Strain asked who paid for the survey, to which Mr. Smith advised that it was paid for by the County. Mr. Strain questioned whether Mr. Moses would be willing to reimburse the County for the cost of the survey. After being sworn in by Mr. Smith, Mr. Abraham Moses replied that after the survey was taken, he removed 2 feet from his shed and indicated that he does believe it is fair to ask him to pay for the survey since he did not build the shed. Page 12 CODE ENFORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 Investigator Mazzone stated that he cannot verify that the stakes were improperly placed on Mr. Moses' property, but when he saw the stakes he determined the violation based on the placement of same. He related that the updated survey indicated that the structure in question is still in viola- tion and he explained to Mr. Moses that the rear wall of the shed which carries an 8' overhang would have to meet the setback requirements. He remarked that he told Mr. Moses that the rear wall and the overhang would have to be removed, and noted that he is attempting to do so. He noted that the fence is 1.7 feet from the property line and a 10' set- back is required. Mr. Moses stated that the roof of the shed is 7' high and 22' long, and he has removed it and intends to use it to build a carport. Mr. Mazzone stated that Mr. Moses will be required to obtain a permit before he can build the carport, otherwise the material needs to be stored inside a structure. Mr. Moses indicated that he purchased his property with the shed as it stands and expressed that it seems unfair that he has to remove it. Mr. Smith advised that staff's recommendation stands as previously stated: an additional 10 days, and then a fine of $100 per day for each and every day that the structure remains in violation. Mr. Strain indicated that the presentation of evi- dence relative to CEB Case No 90-048 in now closed. MOTIOIf: Made by Mr. Pedone that this cause came for public hearina before the Board on October 25, 1990, and the Board havina heard testiaony under oath, received evidence, and heard arauaents respective to all appropriate aatters, thereupon issues its Pindinas of Pact, Conclusions of Law and Order of the Board as follows: 1. That Abraham 30seph Moses and Dotty 3. Moses are the owners of record of the subject property. 2. That the Code Enforce~nt Board has jurisdiction of the person of the Respondent and that Abrahaa 30seph Mo_ was present at the public hearina. 3. All notices required by Collier County Ordinance Ifo. 88-89 have been properly issued. ". That the real property legally described as Lot 26, Block 8, Ifaples Manor Addition, as recorded in Plat Book 3, pageS 67 and 68, Public Records of Collier County, Plorida is in Page 13 CODE ERPORCEMENT BOARD OF COLLIER COUNTY OCTOBER 25, 1990 violation of Section(s) 7.11(c)3 and 8.2. of Ordinance No. 82-2, in the following particulars: A. Wall considered a structure and must be re.oved and if roof is to be stored it must be stored pro- per I y for future use if perai tted. Seconded by Mr. Lamoureux. Carried 5/0. MOTI01l: Made by Mr. Pedone that Abraham Joseph Moses is in violation of Section(s) 7.11(c)3 and 8.2. of Collier County Ordinance No. 82-2, the Collier County Zoning Ordinance. Based upon the foregoing I'indinas of Fact and Conclusions of Law, and pUr- suant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance 110. 88-89, it is hereby ordered: 1. That the Respondent correct the violation of Section(s) 7.11(c)3 and 8.2, Collier County Ordinance 110. 82-2 in the follOWing .umner: Reaoval of wall and if roof is to be stored it must be stored properly for future use if peraitted as outlined in the above I'indings of Fact. 2. That said correction.(s) be completed on or before the 8th day of Roveaber, 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 $100.00 per day for each and every day violation described herein continues past said date. Failure to comply with the Order within the specified ti.e will result in the recordation of a lien pUrsuant to Chapter 162, Florida Statutes, which aay be foreclosed, and Respondent's property .old to enforce the lien. Done and ordered this 25th day of October, 1990. Seconded by Mr. Laaoureux. Carried 5/0. *** ITEM : Rext Meeting Date - Nove.ber 29, 1990. *** There being no further business, the meeting was adjourned by Order of the Chair. CODE ENFORCEMENT BOARD OF COLLIER COUNTY Mark Strain, Vice-Chairman Page 14