CEB Minutes 11/29/1990
1990
Code
Enforcement
Board
November 29, 1990
CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA
AQ~N.RA
Date: November 29, 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.
5. OLD BUSINESS
Review request for fine reduction CEB #90-025 Board of
County Commissioners vs Imperial Wilderness - McCarthy.
6. NEW BUSINESS
Request for fine reduction CEB #90-035 Board of County
commissioners v.s. Michael Holland.
7. REPORTS
None
NEXT MEETING DATE
No meeting December - Happy Holidays!
Next meeting - January 24, 1991.
8.
9 . ADJOURN
DATE:
TIME:
PLACE:
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
November 29, 1990
9:00 A.M.
3rd Floor Boardroom, Building "F", Collier County
Government Center, Naples, Florida
CEB
ANDREWS
CONSTANTINE
LAMOUREUX
LAZARUS
PEDONE
STRAIN
WILLIAMS
STAFF PRESENT
EXC
X
X
X
X
X
EXC
CLARK
SMITH
WILSON
MINUTES BY: Wanda Arrighi, Deputy Clerk
CALLED TO ORDER AT:
9:00 A.M.
X
X
X
PRESIDING: Tim Constantine, Chairman
ADJOURNED: 10:05 A.M.
ADDENDA TO THE AGENDA: One item.
---,--,
Page 1
CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA
t, Q g !:l Q t,
Date: November 29, 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.
5. OLD BUSINESS
Review request for fine reduction CEB #90-025 Board of
County Commissioners vs Imperial Wilderness - McCarthy.
6. NEW BUSINESS
Request for fine reduction CEB #90-035 Board of County
Commissioners v.s. Michael Holland.
7. REPORTS
None
8.
NEXT MEETING DATE
No meeting December - Happy Holidays!
Next meeting - January 24, 1991.
9. ADJOURN
--11--
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
ADDENDA:
ITEM:
MOTION:
CASE NO:
RESPONDENT:
LOCATION
OF VIOLATION:
VIOLATION:
COMMENTS:
NOVEMBER 29, 1990
***
Mr. Strain stated that he would like to have a
workshop at the end of the regular meeting to
discuss the minutes.
***
Minutes of September 24, 1990
Consensus of approval with Mr. Strain
abstaining.
***
CEB 90-049
Mr. Larry J. Parks
1200 Mingo Road, Naples, Florida and legally
described as The West half of the Northeast
quarter of the Northwest quarter of the
Northeast Quarter of said Section 32, Township
48 South, Range 27 East
Sections 5, 6, and 7 of Ordinance No. 88-45,
the Collier County Litter Ordinance and
Sections 7.9 and 10.2 of Ordinance No. 82-2,
the Collier County Zoning Ordinance
Compliance Services Enforcement Coordinator
Smith informed that the Board and the recorder
have been provided with a Composite Exhibit
"A", and requested that this be admitted into
evidence relative to Code Enforcement Board
Case #90-049, with Larry Parks the Respondent.
It was noted that the Respondent was not pre-
sent.
It was the consensus of the Board to accept
Composite Exhibit "A" into the record as evi-
dence.
Mr. Smith stated that as documented in
Composite Exhibit "A", Larry Parks is charged
with being in violation of Collier County
Zoning Ordinance 82-2 Sections 7.9 and 10.2
Page 2
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
NOVEMBER 29, 1990
and Collier County Litter Ordinance 88-45
Sections 5, 6, and 7. He informed that Mr.
Parks is the owner of the parcel at 1200 Mingo
Road.
Mr. Smith advised that as documented Mr. Parks
has been repeatedly informed that the viola-
tions need to cease. Mr. Smith noted that Mr.
Parks has been cited to Misdemeanor Court and
put in custody several times and is at present
on probation.
Mr. Smith explained that Compliance Services
first cited Mr. Parks to Misdemeanor Court,
and Mr. Parks was told by Judge Trettis to
correct the violation which Mr. Parks chose
not to do and, therefore, spent ten days in
jail. After Mr. Parks' release from jail, Mr.
Smith summarized, he let the violations con-
tinue and again was sent to jail and put on
probation. Mr. Smith noted that Mr. Parks has
not shown for probation, or the hearings and
the violation has not been corrected.
Mr. Smith related that Mr. Parks has commented
that he does not feel the need to clean up the
litter and debris because the property is "in
the middle of nowhere"; however, there are
nicely kept properties abutting Mr. Parks' and
these neighbors have to look at this trash
which is why Compliance Services has taken the
actions they have.
After being sworn in by Mr. Smith, Mr. Robert
Nonnemacher, Investigator for Collier County
Compliance Services, stated that the violation
was first noted by Investigator Sylvia on
October 11, 1989, and on October 13, 1989, a
notice of violation and stipulation was sent
to Mr. Parks. Investigator Nonnemacher
informed that on November 21, 1989, he and
Investigator Sylvia met with Mr. Parks on the
subject property and at that time it was noted
that a transmission was being removed from an
automobile. He explained that while at the
property on November 21, 1989, photos were
taken as well as a list made of all the auto
parts present on the property which included
twelve dismantled vehicles, a Ford Bronco, an
Page 3
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
NOVEMBER 29, 1990
approximate 10 foot by 14 foot storage shed, a
workshop shed with a large quantity of tools,
roofing materials, an old truck body filled
with used auto parts, numerous transmissions
and torque converters, large piles of assorted
auto parts, piles of old tires, and a dilapi-
dated mobile home. He reported that on
November 22, 1989, Code Compliance Supervisor
Dahir responded with a Collier County Deputy
with a warrant for Mr. Parks' arrest, and
Supervisor Dahir issued a NTA for the viola-
tions. Investigator Nonnemacher disclosed
that on November 28, 1989, Mr. Parks was found
guilty and fined $600 with six months proba-
tion to clean the property, and if the pro-
perty was cleaned within sixty days the Court
ordered a reduction of the fine to $300.
Investigator Nonnemacher noted that on
December 14 and 28, 1989, he rechecked the
property and the violations remained the same.
He related that on January 11, 1990,
Supervisor Dahir talked to Mr. Parks at the
property site and advised him that he had two
weeks in which to clean the property in order
to be entitled to the reduced fine; but on
January 26 and 29, 1990, when Supervisor Dahir
rechecked the property there was no
compliance and Probation was notified.
Mr. Smith interjected that there were pho-
tographs taken when visits were made to the
site and suggested that perhaps the Board
would like to review them with the documen-
tation provided.
Mr. Smith advised that there are nine pages of
46 dated photographs to document into
Composite Exhibit "A" which will be pages 44
to 53.
It was the consensus of the Board to accept
the nine pages of 46 photographs into
Composite Exhibit "A".
Compliance Services Supervisor Clark
questioned if the photographs submitted to
Composite Exhibit "A" are true to the best of
Mr. Nonnemacher's knowledge? Mr. Nonnemacher
concurred that they are and after rechecking
Page 4
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
NOVEMBER 29, 1990
the property again on November 28, 1990, the
violation remains the same.
In response to Mr. Strain, Mr. Smith clarified
that on page 23 of Composite Exhibit "A" the
type of complaint listed is, "Litter, Junk
Cars, Trash" and also noted is the comment,
"Legal, they think Township 48S, Range 27E,
Section 32, Parcel 26."; and under the
complainant's name is, "Phone", which means
it was anonymous.
Mr. Lazarus questioned if any of the vehicles
noted are in working condition to which Mr.
Nonnemacher answered that a couple of them
were. Mr. Nonnemacher explained that this is
part of Violation 7.9b4, Illegal Land Use,
Operating a Major Repair Shop on Agricultural
Land.
Mr. Smith explained that Mr. Parks used pro-
perty that Mrs. Holland was in charge of where
he operated a transmission shop; and when Mr.
Parks was told to cleanup the transmission
business which was located off Shirley Street,
he took all the junk and debris and deposited
them onto his own property which is the sub-
ject property.
Mr. Lazarus asked if there is an accumulated
fine against Mr. Parks? Mr. Smith explained
that there is no fine at present because the
Board has not heard the case for this pro-
perty.
Mr. Constantine inquired as to who decides the
value on vehicles for Code Enforcement pur-
poses? Mr. Smith commented that in reference
to the the Corvette found on the property,
Compliance Services would say there is some
value to it; however, when looking at the
whole picture with all the other vehicles
without engines, seats or some missing parts,
it becomes apparent that the vehicles are
junk.
In order to clarify this issue, Mr. Clark
asked Mr. Nonnemacher to state his profession
prior to starting with Compliance Services.
Page 5
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
MOTION:
NOVEMBER 29, 1990
Mr. Nonnemacher stated that during his career
with Nassau County Police Department in Long
Island, New York, he was assigned to the Auto
Squad which is a detective squad that investi-
gates organized auto theft rings. Prior to
this, he commented, that he was an active part
owner in an auto wrecking yard for eight
years. He advised that he was classified by
the Courts as an expert regarding substantive
or nominal value on auto parts. In response to
Mr. Clark, Mr. Nonnemacher noted that in
regards to the auto parts such as engines,
transmissions, etc. that were found on the
subject property, and were kept outside, they
had little value.
Mr. Smith stated that he would also like to
submit into evidence an Affidavit of Publica-
tion that shows public notice was published in
the Naples Daily News on November 5, 12, 19,
and 26, 1990.
It was the consensus of the Board to accept
the Affidavit of Publication as evidence.
Mr. Clark asked if all legal notice require-
ments have been met regarding this case. Mr.
Smith concurred that all notice requirements
have been met.
In response to Mr. Lazarus' question, Mr.
Smith advised that Mr. Parks was staying in a
van on the subject property, but he comes and
goes, and it appears that Mr. Parks is not in
the area at the present time.
The Presentation of evidence for Case 90-049
was closed at this time.
Made by Mr. Strain that the Findinas-of-Fact,
Conclusions of Law and Order of the Board in
Case No. CEB 90-049 are that this cause came
on for public hearina before the Board on
November 29, 1990, and the Board havina heard
testimony under oath, received evidence, and
heard arauments respective to all appropriate
matters, thereupon issues its Findinas of
Fact, Conclusions of Law and Order of the
Board as follows: that Larry James Parks is
Page 6
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
MOTION:
NOVEMBER 29, 1990
the owner of record of the subject property;
That the Code Enforcement Board has jurisdic-
tion of the person of the Respondent, but that
Respondent was not present at the public
hearinq; All notices required by Collier
County Ordinance No. 88-89 have been properly
issued; That the real property leaallv
described as The West half of the Northeast
quarter of the Northwest quarter of the
Northeast quarter of said Section 32, Township
48 South, Ranqe 27 East is in violation of
Sections 5, 6, and 7 of Ordinance No. 88-45
and Sections 7.9 and 10.2 of Ordinance No.
82-2, in the followinq particulars: Illeqal
and unauthorized accumulation of litter,
trash, debris; major auto repair and storaqe
of auto parts, constitutinq illeqal land use;
and erectinq structure without permit.
Seconded by Mr. Lazarus. Carried unanimously.
Made by Mr. Strain that the Conclusions of Law
are that Larry J. Parks is in violation of
Sections 5, 6, and 7 of Collier County
Ordinance No. 88-45, the Collier County Litter
Ordinance and Sections 7.9 and 10.2 of Collier
County Ordinance No. 82-2, the Collier County
Zoninq Ordinance. Based upon the foreqoinq
Findinqs of Fact and Conclusions of Law,
and pursuant to the authority aranted in
Chapter 162, Florida Statutes, and Collier
County Ordinance No. 88-89, it is hereby
ordered that the Respondent correct the viol~-
tion of Sections 5, 6, and 7, Collier County
Ordinance No. 88-45 and Sections 7.9 and 10.2,
Collier County Ordinance No. 82-2 in the
followinq manner: Removal of all illeqal and
accumulation of litter, trash and debris;
discontinuinq major auto repair and storaqe
of auto parts; and removal of the structure
built without a permit. That said
correction(s) be completed on or before the
4th day of December, 1990, and if Respondent
does not comply with this Order on or before
the date, then and in that event Respondent
Js hereby ordered to pay a fine of $250.00
per day for each and every day and each
and every violation described herein consti-
tutes this past said date. Failure to comply
with the Order within the specified time will
Page 7
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
NOVEMBER 29, 1990
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
29th day of November, 1990, at Collier
County, Florida. Seconded by Mr. Lazarus.
Mr. Lamoureux asked what was the date for
compliance to which Mr. Smith replied December
4, 1990.
Mr. Constantine questioned whether the fine
should be at the maximum since there are no
life threatening issues involved with the
case?
Mr. Strain commented that he does not feel
that there is going to be any response and the
property would be foreclosed upon. He added
that the maximum fine would help expedite the
situation and result in having the property
cleaned up quicker. He expressed that the
$250.00 per day fine should pertain to each
Section of each Ordinance and any repeat
offense would have the same application.
Mr. Constantine stated that he does not agree
with the reasoning for a higher fine which is
so the County can foreclose faster.
Mr. Clark suggested that the fine be applied
to each violation instead of each section.
Assistant County Attorney Wilson agreed
because there are three types of violations,
therefore, making it more appropriate to pena-
lize the three actions.
Mr. Strain amended his motion to include that
the fine apply to each of the three actions
of violation. Mr. Lazarus amended his second.
Mr. Clark commented that the recommendations
by this Board are consistently upheld by the
Appeals Board regarding the seriousness of the
offense such as how it effects the neighbors
and the cooperativeness or failure to
cooperate on this basis. In response to Mr.
Strain, Mr. Clark concluded that Mr. Parks has
not cooperated at all and pointed out that Mr.
Page 8
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
NOVEMBER 29, 1990
Parks has gone rather than clean up the pro-
perty. Mr. Strain called attention to the
fact that these violations have been going on
for 14 months.
Mr. Lamoureux questioned if it is possible to
clean up all the debris in one week? Mr.
Smith affirmed that it is possible and pointed
out that Mr. Parks has been in violation since
October, 1989. Mr. Nonnemacher confirmed that
if Mr. Parks worked every day at cleaning the
debris he should be able to have it cleaned in
one week.
Mr. Constantine commented that in maintaining
the consistency of the Board and the rulings
of the Board, $250.00 per violation is in
excess.
Mr. Lazarus stated that Mr. Parks is a known
recalcitrance who has gone to jail twice for
failure to cleanup property and emphasized
that it is the Board's responsibility to secure
compliance in the most expeditious manner
possible which is to order him to clean up the
property rapidly as well as impose a fine that
can be swiftly enforced through a lien on the
property if he does not comply. He added that
under the circumstances where there is a party
that is not cooperative and the neighbors have
complained, the proposed action is
appropriate. Mr. Pedone concurred.
Upon call for the vote, the motion carried 3/2
(Mr. Constantine and Mr. Lamoureux opposed).
***
ITEM:
Old Business
CASE NO.:
CEB 90-025, Request for Fine Reduction, Board
of County Commissioners vs Robert W. McCarthy,
Trustee
COMMENTS:
Compliance Services Enforcement Coordinator
Smith stated that this case was carried over
from the October 25, 1990, meeting. He com-
mented that the property is still not in
compliance and there is no representative for
Page 9
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
NOVEMBER 29, 1990
this case present. He explained that in the
October 25, 1990, meeting it was requested by
Mr. McCarthy to reduce the fees once the
violation had ceased, and he assured the Board
that this could be done, but no progress has
been made.
Mr. Constantine stated that since there is no
one present to argue that the fine should be
reduced, there is no need for further
discussion.
In response to Mr. Lazarus, Mr. Smith informed
that the property has been rechecked and as of
3:00 P.M. November 28, 1990, it was still in
violation.
There was no further discussion on this item.
***
ITEM:
CASE NO:
New Business
CEB 90-036, Request for Fine Reduction, Board
of County Commissioners vs Michael and Deborah
Holland
COMMENTS:
Attorney Louis S. Erickson of the Law Offices
of Sparkman, Erickson, Quinn, P.A., repre-
senting Michael Holland and his mother Deborah
Holland in the subject case, advised that the
property is owned by Michael Holland; however,
Deborah Holland handles the management of the
property.
Mr. Erickson stated that he is requesting a
reduction to the fine that was assessed
against the property and which constitutes a
lien on the property. He related that there
is no question that proper notices from the
Board were mailed out to his client regarding
the hearing held June 28, 1990. He explained
that Mrs. Holland was out of town on that date
and through conversation with his office was
under the impression that everything was taken
care of prior to the hearing on June 28.
In response to Mr. Lazarus, Mr. Erickson com-
mented that there was a breach of due process
Page 10
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
NOVEMBER 29, 1990
in that Michael Holland and Deborah Holland
were out of town at the time the Order was
rendered and notice of the Order was not
mailed until 3 or 4 days after it was ren-
dered; however, the fine started the day
following the ruling.
Mr. Constantine pointed out that since Mrs.
Holland was aware of the hearing, it was her
responsibility to find out its outcome.
Mr. Lazarus agreed that this was an oversight
on her part and a miscommunication between
her and the attorney's regarding the hearing.
He explained that Mrs. Holland did make
arrangements prior to leaving town to have the
debris removed, but the plans did not work
out. He reported that after returning, Mrs.
Holland again contacted someone to remove the
debris which was approximately 5 days after
the June 28, 1990, hearing, and this time the
debris was disposed of within 5 days. He
informed that after these 5 days Code
Compliance Investigator Tomasino issued Mrs.
Holland a certificate reflecting that the
violation had been resolved.
Code Compliance Officer Smith summarized that
the Board met on June 28, the cleanup was
order on June 29, the property was still in
violation on July 11, and on July 12 the pro-
perty was cleaned. Mr. Lazarus concurred that
this was true.
Compliance Services Supervisor Clark noted
that Mr. Lazarus' letter of October 12, 1990,
implies that Mrs. Holland was in town on June
28, 1990. Mr. Lazarus clarified that this was
an error on his part, and she actually left
town approximately one week before the
hearing.
In response to Mr. Strain, Mr. Smith disclosed
that Mrs. Holland was given one day to cleanup
the debris, and cited that the photographs
taken prove that one day it was not cleaned
and the next day it was. Mr. Smith noted that
the subject case was several months old before
being brought to the Board, and related that
there were complaints from the neighbors.
Page 11
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
NOVEMBER 29, 1990
Mr. Strain questioned if it really was only a
one day effort in getting the debris removed
from the property?
After being sworn in by Mr. Smith, Deborah
Holland stated that her address is 3178
Lakeview Drive, and that she is the agent and
mother of the owner of the property, Mr.
Michael David Holland. Mrs. Holland
explained, in answer to Mr. Strain's question,
that the cleanup took 5 days because of the
rain. She specified that she had contacted a
Mr. Floyd Evans to remove the debris, but the
equipment being used quit working and Mr.
Evans stopped clearing the property. She
explained that she was out of town when this
happened. She informed that she then made
arrangements with a Mr. James Williams to have
him clean the property; however, with all the
rain he had to stop working because of the
standing water which resulted in the project
taking 5 days to finish.
In response to Mr. Lazarus, Mrs. Holland
advised that she had started contacting people
to cleanup the debris in December of 1989.
Mr. Constantine questioned when Mrs. Holland
actually did come back into town. Mrs.
Holland explained that she is constantly in
and out of town due to her father's sickness
and she returned to town sometime around the
1st of July.
Mr. Clark inquired to what amount is the
reduction in fine being requested? Mr.
Erickson stated that he is asking that the
fine be eliminated or reduced to a minimal
amount. He pointed out that the property was
cleaned within 12 days of the Order.
Mr. Constantine reiterated that because Mrs.
Holland was aware of the hearing date, she is
also liable to the outcome of said hearing.
Mr. Lazarus stated that there was an over-
sight. Mr. Constantine questioned if the
reduction in fine is being requested because
of the law firm's mistake? Mr. Lazarus noted
that if someone had been present at the
Page 12
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
MOTION:
NOVEMBER 29, 1990
hearing to represent the case, the outcome
would have been different.
Mr. Strain cited that in a prior case,
compliance was order in one week so time could
be allowed for notification to the person in
violation and questioned if legally the fine
could be imposed the day following the hearing
since it is not logical that Mrs. Holland
could be notified in one day? Assistant
County Attorney Wilson asserted that the fine
starts the day the Board sets for compliance
and not when the person receives notice. Ms.
Wilson also clarified that due process simply
means that a person is entitled to be heard
before any action is taken against them which
in this case they were given that opportunity
on June 28.
Mr. Constantine called attention to the fact
that there have been one-day cases before.
Mr. Strain pointed out that in a prior
instance when a fine was reduced, the Board
stated that their goal is for compliance. He
stated that because of equipment failure and
weather conditions it took 5 days to clean the
property which accounts for half of the days
from the time ordered for compliance; there-
fore, he specified that the fine should be
reduced by half.
Made by Mr. Strain that the fine for CEB Case
No. 90-036 be reduced by 50% because of the
circumstances involveq. Seconded by Mr.
Lazarus.
Mr. Clark suggested that included as part of
the motion be the condition that payment of
the fine be made within ten days; and if the
fine is not paid during this ten day period,
the fine will return to the original amount
due.
Mr. Smith responded to Mr. Pedone's question
by emphasizing that the property was not in
complete compliance until July 12, 1990. He
acknowledged that there were equipment and
weather problems.
Page 13
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
NOVEMBER 29, 1990
Mr. Lazarus pointed out that Mrs. Holland did
make a good faith effort to cleanup the
debris.
Mr. Lazarus commented that as part of the
motion he would like the following conditions
added: the payment of the fine should be made
within ten days; this is not to be construed
as a precedent for future cases; and any
recurrence of any debris on the property will
result in a fine being reinstated at the rate
of $250.00 per day.
Mr. Strain amended his motion to include Mr.
L~~rus' comments. Mr. Lazarus seconded the
amended motion.
Mr. Smith stated that Compliance Services has
no objections to these conditions.
Mr. Erickson requested that 30 days be allowed
to pay the fine so Mrs. Holland can have suf-
ficient time to secure the money for the fine.
Mr. Strain responded that he has no problem
with allowing 30 days.
Mr. Strain amended his motion to allow paYment
to be made within 30 days. Mr. Lazarus
seconded the amended motion.
Mr. Constantine alleged that it is detrimental
to the effectiveness of the Board to reduce
the fine. He pointed out that this action
does have an impact on the Board.
Mr. Lazarus remarked that this case is a claim
for mitigation and questioned if the Staff has
any problem with mitigation under these cir-
cumstances. Mr. Smith replied that they had
no problem with this.
Upon call for the question, the motion carried
3/2 (Mr. Constantine and Mr. Pedone opposed).
Mr. Erickson asked how much notification would
Mrs. Holland receive if there was a recurrence
of debris on the property because she may not
know about it. Mr. Smith communicated that
Mrs. Holland would have ample notification
before a fine would be imposed.
Page 14
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
NOVEMBER 29, 1990
***
ITEM:
Reports
CO~NTS :
Mr. Smith noted that to date the Board has
ordered $33,302 in fines be paid. He
explained that of this amount, there is
$31,050 in fines not paid. He related that
prior to the November 29, 1990, meeting, the
Board has heard 53 cases.
Mr. Clark explain that liens are being pro-
cessed against the properties on which fines
have been levied and not paid. Mr. Lazarus
asked how many liens have been attempted to be
enforced by foreclosure to which Mr. Clark
replied that at present none.
Mr. Clark wished to extend the Staff's and his
appreciation for the efforts of the Board and
noted that these efforts have made a positive
contribution to Collier County.
Regarding notification of workshops, Assistant
County Attorney Wilson informed that notifica-
tion should be given for future workshops, in
particular if something is discussed that the
Board will later take action on.
***
ITEM:
Next Meeting Date - January 24, 1991.
***
There being no further business, the meeting was adjourned by
Order of the Chair.
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
Tim Constantine, Chairman
Page 15