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CEB Minutes 05/19/1989 1989 Code Enforcement Board ay 19,1989 DATE: TIME: PLACE: CODE ENFORCEMENT BOARD OF COLLIER COUNTY May 19, 1989 9:00 A.M. 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB STAFF PRESENT ANDREWS X BARTOE X CONNELLY X BOYCE X CONSTANTINE X CLARK X LAMOUREUX X CONTI X PEDONE X LAUBACH X STRAIN X MAZZONE X WILLIAMS X MORAD X NEAL X PETTROW X SMITH X TOMASINO X WILSON X MINUTES BY: Ellie Hoffman, Deputy Clerk 9:00 A.M. CALLED TO ORDER AT: ADJOURNED: 12:30 P.M. PRESIDING: Darlene Connelly, Chairman ADDENDA TO THE AGENDA: None Page 1 Development Services Department Community Development Division I Collier County Government 2800 North Horseshoe Drive I Naples, FL 33942-6917 Phone: 813 I 643-8400 CODE ENFORCEMENT ~c.."'~,'4 :,~';,~"":: ,'",,'d-, , <'-. .' ,;;";;"-' ,:.,~)o",,"'" " '. ;" ..:~: "":'."'.."''''' ....... . ......' - ~::;,~..:.~~: ~"..-,,~;;~,~., ~.'F" '."~~_t~-' BOARD OF COLLIER C~UNTY:' FLORIDA ,', ~'~~C.<j;~,.. ",,:: . ., " ,-~. . '. ~'i""'~ ....: "_''''OlIl'- ,'. ;.-:: .,,~ A Q E H 12A,~:~~;~)t'A;~,f~~~l~~. · .~p'~~~,:.'~'~ ';,ii,;.:. Date: May 19. 1989 ,,~:...at:'7 9.00 '0.0 ,c:tock.,A..:..M_"s\'+.x;:;:~::.:t;,~., . :':' ',:~~;;;';t?;,~;S~1.~'2:"- "i:tfF~4j,f~~f!L,~,,~:;:i~:~,1:~';F,:::, ' NOTE: ANY PERSON WHO DECIDES ,TO APPEAL'~A DECISION"OF'; ":~:::'< THIS BOARD WILL NEED A RECORD OF THEPROCEEDINGS:~~::~~-' ....',;,.,:..; PERTAINING THERETO,. AND THEREFORE MAX:: NEED',.TO ENS~;:THAT.;~~~:,~~di~~:;.: A VERBATIM RECORD OF THE PROCEEDINGS;ISMADE'WHIGJl,$IRECO~~;~~t;.:: INCLUDES THE TESTIMONY AND EVIDENCEUPONWHICHTH~'.~P,l?EAlt':;:f::*0Ft,: 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 N/A 4. INTRODUCTORY STATEMENT : Heyward E _:.Boyce,. Manager ComplianceSeryices <j~'Pi",~~:it. " 5. PUBLIC HEARINGS A. Compliance Services'VsMr. John Evangelisto (CEBi#89-;,,001). Compliance servic:.~s:,vs,Mr _ Donald Geckler (CEB #89~00~r::.. Compliance Seryicesvs Mr. Humber-to, Robert Ayala (CEB~#89~003)_ .~ Compliance Services.vs. Mr. Paul Herskowitz (CEB !89~004). N/A B. O~,~ D. . 6. OLD BUSINESS 7. NEW BUSINESS 8. REPORTS: Richard R. Clark, Supervisor Contractor Licensing NEXT MEETING DATE June 22, ADJOURN . '.'''' ." ,'~i;~~(i):;~:~~+ .' _~.. :~::.','~.'~-- ,:~:;;~':":T-'. '.'- >, ..t:'~~, ;::,!!;';,"~1<> -:' ,,_0 ", "'< -:~~, '.: ' ,";..",....."'--~. ... -. ~, - ',. .' :;f~2'i'-' ....<. .. .. ..,:: CODE ENFORCEMENT BOARD OF COLLIER COUNTY COMMENTS: ITEM: COMMENTS: MAY 19, 1989 *** Chairman Connelly stated that the Code Enforcement Board was established pursuant to Chapter 162, Florida Statutes, known as the "Local Government Code Enforcement Boards Act", and by Collier County Ordinance 88-89. She advised that this board is an administrative board which has the authority to impose fines and other non-criminal penalties. She noted that the purpose of the board is to enforce the Codes and Ordinances of Collier County so that the health, safety and welfare of the citizens of Collier County can be promoted, protected and improved. She indicated that the members of the Code Enforcement Board are all volunteers and per- manent residents and electors of Collier County who have been selected by the Board of County Commissioners. She further stated that the members have experienced an interest in the areas of zoning, building control, engineering, and the environment. She reported that membership includes general and specialty contractors, an attorney, a real estate agent, engineers, and businessmen from throughout Collier County. Mrs. Connelly introduced the members of the Board and Assistant County Attorney Wilson. She advised that the enforcement procedure to be followed is set forth in Ordinance 88-89, and the rules and regulations adopted by the Code Enforcement Board are those of the Collier County Code Enforcement Board. Mrs. Connelly reported that the Board will meet on the 4th Thursday of every month, and as necessary to carry out their duties. *** Introductory Statement by Heyward Boyce, Manager compliance Services Compliance Services Manager Boyce stated that many of the cases that will appear before this Board will originate within the Compliance Services Sec- tion of the Development Services Department, speci- fically within Dick Clark's Code Enforcement organization. He advised that Mr. Clark is assisted in Code Enforcement by George Dahir, the Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 19, 1989 code compliance investigators, and Bill Smith, Ex-Officio/Secretary to the Board. Mr. Boyce reported that there are 10 full-time code compliance investigators, one of which specializes in the Minimum Housing Code. He noted that each of the investigators operate from the Development Services Building, and they are assigned to a given geographic area within the County. He indicated that the exception to this, is the rotating weekend patrol or an occasional 24-hour stake out. He stated that typical daily duties include managing complaints that are called in by the public, generating or observing cases while on patrol, doing the necessary recheck work to determine whether or not a violation has been corrected, documenting cases that may be brought before this Board, and a considerable amount of time is spent in the Courthouse determining land and property ownership. He advised that 30%-40% of the cases involve illegal land use, weeds, trash, overgrown lots, illegally parked and stored vehicles, and illegal signs throughout the County. Mr. Boyce stated that in reviewing cases for April, which was not a typical month since there was a shortage of personnel, there were approximately 400 called in public complaints, 600 complaints were generated on a patrol basis, and 900 rechecks. He advised that from the 1,900 observations, 700 violations were corrected. He indicated that annual observations are 30,600, and if the future is to be predicted by the past, 12,000 of those cases will be successfully retired. He noted that the problem of not having sufficient manpower indi- cates that: the County can do nothing, and live with the problem, do less patrol work and con- centrate more on the public complaints. He stated that in either case, there are still issues that are not receiving attention. He revealed that more people, radios, cars, desks and supervision can be added, but this becomes an army of folks resulting in government against community, and this is not the politically smart way to go. He stated that the preferred alternative is to work smarter with the resources that the County has, and perhaps add some resources as growth occurs throughout the County. He indicated that the court system can be used more often, and the coverage by the media gets Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY CASE NO. RESPONDENT: MAY 19, 1989 the message out to the community that the County will not tolerate those things that are in viola- tion of the various ordinances. Mr. Boyce reported that another way to the work smarter approach is to become more involved with the community, i.e. homeowners' associations, and neighborhood associations. He stated that by meeting and working with these groups, the message can clearly be related to them. He advised that Dennis Mazzone has done a particularly good job in the inventory of the East Naples area. Mr. Boyce stated that the newest management tool that the County has is the Code Enforcement Board, noting that the use of it will make a big dif- ference in the community. .*. CEB #89-001 Mr. William Smith, Code Enforcement Coordinator and Secretary to the Code Enforcement Board, advised that Composite Exhibit "A" is being submitted as evidence in Code Enforcement Case 89-001. John Evangelisto VIOLATION: LOCATION OF VIOLATION: 671 Hernando Drive, Marco Island, FL. Ordinances 82-2, and 76-15. REPRESENTED BY: Attorney James M. Karl II COMMENTS: Code Enforcement Coordinator Smith reported that Mr. John Evangelisto has, on many occasions, since December, 1987, illegally used land by parking a major recreational vehicle and commercial vehicles on premises zoned for residential purposes within Collier County. He advised that these violations occurred on Mr. Evangelisto's residential premises at 671 Hernando Drive, and on the adjacent vacant lot described as Lot 27, Block 384 Unit 12, Marco Beach. He noted that the documents contained in Composite Exhibit "A", prove that the respondent has been repeatedly advised to cease these viola- tions since December, 1988. Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 19, 1989 Mr. Smith noted that a letter dated December 16, 1987, from Attorney James M. Karl II, representing Mr. Evangelisto, acknowledged the Notice of Violation, and stated that no further violation would occur. He advised that on the same date, Investigator Morad issued a written warning to Mr. Evangelisto. He further reported that on January 5, 1989, Investigator Conti sent another Notice of Violation to Mr. Evangelisto, advising him to imm- ediatly remove all vehicles from the vacant lot. He revealed that on March 20 and 21, 1989, sur- veillance of a motor home determined illegal parking over a 24-hour maximum allowable period for loading and unloading before or prior to a trip, and parking in the vacant lot took place again. He stated that logs of repeated violations maintained by Compliance Services document that the these violations took place almost daily in March and April of 1989. Mr. Smith advised that on April 14, 1989, Assistant State Attorney Donald Day received the evidence and found sufficient probable cause to exist to sign an Affidavit for the filing of Information For Misdemeanor charge of illegal land use. Investigator John Conti, after being sworn in, stated that after the documents pertaining to this case had been submitted, he continued to keep a log of the above mentioned address of the RV parking in the driveway, and of the adjacent lot. He submitted the updated log and photos for the record. Mr. Smith stated that the three photographs will become Composite Exhibit "G", and the updated daily log sheet, dated from 4-07-89 through 5-18-89 shall become Composite Exhibit "H". * Investigator Tom Bartoe, after being sworn in, advised that he has been checking the subject resi- dence twice a day from April 6, 1989, until this morning. He stated that each time he observed the residence, the motor home was parked either in the driveway, or in the adjacent lot, noting that it was still present as of 6:50 A.M. this morning. Mr. Smith introduced as evidence, a photograph dated 5-19-89, which shall become Composite Exhibit Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 19, 1989 "I"; and four pages of logging sheets dated from 4-6-89 through 5-19-89, which shall become Composite Exhibit "J". * Attorney James L. Karl II of Frost & Jacobs, repre- senting Mr. Evangelisto, stated that he pledges support for the Compliances Services Department and this Board which will benefit the community. He indicated that the County has been flooded with numerous complaints from various neighbors against Mr. Evangelisto, and he is attempting to resolve the issue. Attorney Karl cross examined Code Compliance Investigator Conti regarding the surveillance of Mr. Evangelisto's residence which took place on March 20 and 21, 1989. In response to Mr. Karl, Mr. Conti advised that a continuance surveillance was conducted from a home under construction, down the street from Mr. Evangelisto's residence which began at 7:00 A.M. on March 20, 1989 and continued through March 21, 1989 at 7:30 A.M. He indicated that the investigators worked 4 and 8 hour shifts, and that the residence in question was constantly in view of one of the investigators. After being sworn in, Mr. Smith reported that he relieved Mr. Conti at 11:45 P.M. on March 20, 1989, and noted that the motor home was parked on the side of the house in the vacant lot and was visible at all times. He stated that at 6:50 A.M. on March 21, 1989, the vehicle was moved from the vacant lot and parked in the driveway of Mr. Evangelisto's home. Attorney Karl submitted a typewritten letter from Dr. Gursoy, M.D., dated May 17, 1989, advising of Mr. Evangelisto's prostrate problem (Letter docu- mented as Respondent's Exhibit "1"), and a receipt from Allard's Storage (Respondent's Exhibit "2").* After being sworn in, Mr. John Evangelisto stated that he does have a medical problem, and that the bathroom in his motor home is used to accommodate him. He indicated that he does in fact pay a rental fee for the use of a storage unit at Allard's of Marco where the vehicle can be stored. He further noted that he also has access to 103 parking spaces at a restaurant that he is building. Page 6 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 19, 1989 In answer to Mr. Karl, Mr. Evangelisto replied that on March 20 or 21, 1989, he was out of the house very early and used the motor home to get gas, and then he went fishing. Mr. Karl introduced a receipt for gas dated 3-21-89 in the amount of $25.00, as Respondent's Exhibit "3". * Mr. Karl questioned whether Mr. Evangelisto is willing to change his habits so that the motor home is at his residence for less time? Mr. Evangelisto stated that he is willing to use one of his other vehicles or a bicycle to go back and forth from his property to a location where he will park the motor home. Code Enforcement Supervisor Clark questioned whether it is possible for Mr. Evangelisto to park his motor home at locations other than at his resi- dence, and if he realizes that he was in violation of the ordinance by parking the vehicle at his home? Mr. Evangelisto replied that he will make arrangements to park the vehicle at one of his com- mercial lots. He added that he did not believe that was violating the ordinance since he made attempts to move the vehicle within a 24-hour period. Mr. Strain questioned whether Mr. Evangelisto had informed anyone from the County of his medical problems? Mr. Evangelisto replied that he made mention of his medical problems to Mr. Conti some time ago. Mr. Andrews stated that it appears that the Staff of the Code Compliance Department attempted to cooperate with Mr. Evangelisto to make him aware of his violation. He noted that they sent a registered letter to him advising of a deadline of January 12, 1989 to correct the issue, and yet Mr. Evangelisto ignored the notification. Mr. Constantine asked if Mr. Evangelisto had been contacted by the County between January and the present time? Mr. Evangelisto replied negatively. Mr. Clark stated that Mr. Evangelisto has been notified, adding that Staff has also talked with his attorney to explain the County's position once again. He indicated that what is baffling to Page 7 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 19, 1989 Staff, is the fact that even though Mr. Evangelisto has been notified and there have been conversations with his attorney up until last week, and knowing that he was to appear before this Board, the viola- tion still persisted. He indicated that Mr. Karl's letter of December 16, 1988, stated that his client will take the necessary steps to comply with the zoning ordinance and his motor home will not be in a residential zone for more than a 24-hour period following a trip. However, he advised that on March 20 and 21, 1989, Staff found that this viola- tion is still taking place. He noted that it is unfortunate that the County has had to spend the resources that it has to resolve this matter. Attorney Karl introduced as evidence, a series of 13 photographs of various sites on Marco Island where commercial and recreational vehicles are parked (Respondent's Composite Exhibit "4"). * Mr. Smith disclosed that at this time, Compliance Services has approximately $1,950 invested in direct and associated labor costs to the taxpayers relating to the case against Mr. Evangelisto. He advised that taking into consideration associated motor vehicles, gasoline expenses, and costs for additional man hours of the investigators present for today's hearing, costs are approximately $3,000. He noted that this does not allow for costs of the County Attorney's Staff and other agency costs associated with these violations. He indicated that it is unfortunate and unfair to the citizens of Collier County for one man to waste this amount of the County's resources because he chose to ignore the law. He advised that it would not have cost Mr. Evangelisto any money to comply with the ordinance, but he chose to repeatedly violate the ordinance and infringe on the rights of his neighbors, and all of the taxpayers of Collier County. He stated that if Mr. Evangelisto were to be fined the maximum of $250 per day for each day of the violation, the fine total would be several thousand dollars. He advised that the Compliance Services Section is recommending $250 for 4 days of the violations, or $1,000, and further recommends that the Board impose an additional $250 per day fine if the violations are repeated beginning tomorrow morning, May 20, 1989. Page 8 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 19, 1989 Mr. Lamoureux stated that it appears that Mr. Evangelisto has been using his vehicle to go to and from work, and questioned whether this constitutes a violation of the ordinance? Assistant County Attorney Wilson replied affirmatively. Mr. Andrews stated that he agrees with Mr. Smith's recommendation, since Mr. Evangelisto has caused a great deal of expense to the County. Attorney Karl indicated that he believes that it lS unfair to say that Mr. Evangelisto has caused expenditures to the County, noting that he was hired from day one to do the exact opposite and have communications with the County to resolve the issue. He noted that the County decided to expend these resources between January and the present time without contacting him. There were no other speakers regarding this case. Mrs. Connelly stated that the presentation of evi- dence for Case #89-001 is completed, and the hearing is closed. Mr. Strain questioned the rules and regulations of this Board regarding fines to be imposed, and he noted that based on the recommendation of Staff it seems that the fine will be retroactive. He questioned whether this Board is permitted to do this, since an order to comply has not been issued? MOTION: Mrs. Wilson advised that since this Board has not issued an order to comply, and to be technically correct, a date for compliance should be set, and the fine would begin from that date. Made by Mr. Andrews that based on the findings of fact and the evidence as presented, Mr. John Evangelisto is the owner of the property at 671 Hernando Drive, Marco Island Florida, and one 1987 Cross Country Motor Home, and he is in violation of ordinances 82-2 and 87-67, sections 7.11 and 9.7(1) of the Collier County Code for illegally parking a recreational vehicle in a residential zone. Seconded by Mr. Williams. Carried unanimously. Made by Mr. strain to issue an order to comply, effective immediately, and failure for compliance MOTION: Page 9 CODE ENFORCEMENT BOARD OF COLLIER COUNTY AMENDED MOTION: MAY 19, 1989 will begin tomorrow morning with the maximum penalty of $250 per day for each violation from that day forward. Seconded by Mr. Andrews. Mrs. Connelly amended Mr. Strain's motion by changing "immediately" to May 19, 1989 at 1:00 P.M. Messrs. strain and Andrews accepted the amendment. carried unanimously. * Exhibits were not received by the Clerk's Office. CASE NO. RESPONDENT: *** *** Recess 10:55 A.M. - 11:05 A.M. *** 89-002 Code Enforcement Coordinator Smith stated that Composite Exhibit liB" is being submitted as evi- dence in Code Enforcement Case 89-002. Donald Geckler LOCATION OF VIOLATION: Rear of 2596 - 47th St. S.W., Golden Gate Ordinance 82-2 Section 8.8 VIOLATION: COMMENTS: Mr. William Smith, Code Enforcement Coordinator, stated that on November 8, 1988, and subsequent dates, a Ford Pickup truck, orange in color, was parked at the rear of 2596 47th St. S.W., Golden Gate, Florida. He noted that the vehicle was parked or stored at the residentially zoned pro- perty without current plates, and not in a comple- tely enclosed building as required by the ordinance. He indicated that Notice of Violation was provide on November 10, 1988, with a red tag with notice to correct. He advised that subsequent notices of violation were served by the Sheriff's Office on November 28, 1988, and February 13, 1989. Mr. Smith reported that rechecks of the subject property on March 7, and May 16, 1989 revealed that the vehicle was still present and in violation of the ordinance. He added that a recheck on May 17, 1989 at 8:00 P.M. by Supervisor Clark revealed that the violative vehicle has been removed from the property. Page 10 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 19, 1989 After being sworn in, Mr. Donald Geckler stated that the subject vehicle is owned by his son, adding that the truck's engine was destroyed and it did not fit into his garage. He advised that a facility has been rented on Enterprise Avenue, where the truck will remain until it is repaired, plated, and insured. In answer to Mr. Clark, Mr. Geckler affirmed that he is guilty of the charged violation, adding that this issue will not reoccur. Mr. Lamoureux asked Mr. Geckler if he will give this Board his word that the violation will not be repeated either by this vehicle or any other vehicle? Mr. Geckler replied affirmatively. There were no other speakers regarding this case. Mrs. Connelly stated that the presentation of evi- dence relating to Case #89-002 is completed, and the hearing is closed. MOTION: Made by Mr. strain, that based on the findings of fact, Donald and Sally Geckler are owners of record of subject property, and are found in violation of Ordinance 82-2 section 8.8, for property located at 2596 - 47th st. S.W.; Code Enforcement Board has jurisdiction of the respondent, and Mr. Donald Geckler was present at the public hearing; all notices required by Collier County Ordinance 88-89 have been properly issued. Seconded by Mr. Andrews. Carried unanimously. --- Made by Mr. strain to issue an immediate order to comply, with compliance set for tomorrow, and a fine assessed at $100 per day thereafter for any violation of Ordinance 82-2 section 8.8. Seconded by Mr. Andrews. MOTION: For purposes of clarification, Mrs. Connelly stated that because Mr. Geckler has removed the vehicle, compliance has already occurred, and there is no need to issue the order to comply. AMENDED MOTION: Mrs. Connelly amended Mr. strain's motion to read: that Mr. Geckler must remain in compliance from tomorrow forth. Messrs. strain and Andrews accepted the amendment. carried unanimously. Page 11 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 19, 1989 *** CASE NO. CEB #89-003 Mr. Clark advised that this case has been continued by Staff until the next scheduled hearing in an effort to resolve this issue with Mr. Ayala's attorney. *** CASE NO. CEB #89-004 Mr. Smith advised that Composite Exhibit "D" is being submitted as evidence in Code Enforcement Case 89-004. RESPONDENT: Mr. Paul Herskowitz LOCATION OF VIOLATION: 260 Quail Forest Boulevard, Naples REPRESENTED BY: Warren Schob of Beacon Properties COMMENTS: Mr. Smith reported that there is a large pile of construction debris, concrete, trees and lumber on the subject property. He noted that the violation was discovered on January 20, 1989. Mr. Smith stated that several discussions were held with the property owner and his agent to remove the violation. He remarked that on April 29, 1989, Notice of Violation was sent via certified mail, ordering correction by May 5, 1989. He advised that a recheck of the violation after that date indicates that the violation still remains. Code Compliance Investigator Tomasino, after being sworn in, stated that up until this past Wednesday, there was nothing done to correct the violation. However, he noted that the owner has recently taken corrective measures to remove the pile of debris. He indicated that as of 7:30 A.M. today, half of the debris has been removed. He stated that he believes that the pile of debris can be totally removed by Monday morning. Mr. Clark advised that with regard to the violation as introduced into evidence, Compliance Services has approximately $450 of taxpayers' money invested Page 12 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 19, 1989 in this case. He noted that Staff is recommending that if, in fact, the Board finds that the facts substantiate the allegations, and the violation continues to exist, that a reasonable amount of time, not longer than five days, be given for compliance, and if the violation exists, the respondent be assessed a fine in the amount of $150 per day for each day thereafter. After being sworn in, Mr. Warren Schob, repre- senting Mr. Herskowitz, stated that on Monday, May 15th, a contract was entered into with Bonita Limestone Transportation, Inc. to begin removal of the pile of debris in the amount of $12,000. He indicated that he believes that with three dump truck running continuously, the pile can be totally removed by tomorrow. Mr. Pedone questioned why it took until the present time to contract with a company to remove the debris? Mr. Schob replied that there is construc- tion taking place on the adjoining property, and dumping was taking place from that site, and it was felt that some of the debris was not on the subject property, but on the adjacent property. He stated that Mr. Herskowitz had originally tried to resolve the problem with the construction team from the adjoining property, but he was unable to get them to cooperate. In response to Mrs. Connelly, Mr. Schob presented a copy of the contract with Bonita Limestone Transportation, Inc. (Respondent's Exhibit "1"). * Mr. Clark questioned whether Mr. Schob recognizes that there is the existence of a violation, and that he agrees to remove it? Mr. Schob replied affirmatively. Mrs. Connelly questioned whether this is a situation that could possibly reoccur? Mr. Clark stated that this is a possibility, and the owner of record is responsible for any piles of debris. Mr. Schob advised that there are three entrances and exits into subject property. He noted that barricades will be placed on the property to pre- vent the violation from reoccuring. Page 13 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 19, 1989 There were no other speakers regarding this case. Mrs. Connelly stated that the presentation of evi- dence for Case #89-004 is completed, and the hearing is closed. MOTION: Made by Mr. strain that based on the findings of fact! Mr. Warren Schob of Beacon Properties, repre- sent1ng Mr. Paul Herskowitz who is the managing partner of Naples Associates Limited, owners of record of sUbject property; Code Enforcement Board has jurisdiction of the persons of the respondent, and that Warren Schob of Beacon pro~erties was pre- sent at the public hearing; all not1ces required by Collier County Ordinance 88-89 have been properly issued; the property located at the rear of 260 Quail Forest Boulevard, described as vacant pro- perty is in violation of sections 5 and 7 of Collier County Ordinance 88-45, as amended, in the following particulars: accumulation of construc- tion debris. Seconded by Mr. Andrews. Carried unanimously. Made by Mr. Constantine that correction of the violation is to be completed on or before May 24, 1989, and if the respondent does not comply with this order on or before that date, a fine will be assessed in the amount of $150 ~er day for each and every day a violation, as descr1bed within the ordinance, reoccurs or continues past said date. Seconded by Mr. Williams. MOTION: Mr. Pedone related that the respondent has had suf- ficient time to have the debris cleaned up since he was advised of the violation on January 30, 1989. He indicated that he believes that the message that is going out today is that a respondent can wait until he comes before this Board, and agrees to bring the violation into compliance, and walks away with no fine or punishment. He stated that he believes the fine should be assessed as of this afternoon or tomorrow morning. Mr. Strain stated that he would normally tend to agree with Mr. Pedone, but the exception is that it has not been proven that the owner of subject pro- perty deposited the debris, and he was caught in the middle. Therefore, he noted that in this regard, he believes that he should be given a little slack. He noted that there are two viola- tions: Sections 5 and 7. Page 14 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 19, 1989 AMENDED MOTION: Mr. constantine amended his motion to reflect a fine in the amount of $150 per day per violation of sections 5 and 7 of Ordinance 88-45. Mr. Williams accepted the amendment. Carried unanimously. * Exhibit was not received by the Clerk's Office. *** ITEM New Business COMMENTS: Mr. Strain referred to the matter of calling atten- tion to the fact that there were violations relating to two sections of Ordinance 88-45 in Case #89-004. He noted that the top of Page "C" of Composite Exhibit "D" refers to the Ordinance as 88-45 County Code Section 5.7, and two paragraphs down states Ordinance 88-45, Sections 5, 6, and 7. He indicated that if the respondent were to challenge that, there may be some problems. Mr. Clark thanked Mr. Strain for bringing this matter to his attention. *** A brief discussion followed regarding the respon- dent's responsibility to provide for a verbatim of the proceedings. Mrs. Wilson advised that the reason this is restated at each meeting, is that there is a recording available of each meeting that a respondent may obtain, if he so desires. Mr. Clark stated that in the event a recording is not able to be transcribed, it is still the respon- sibility of the respondent to provide for a ver- batim transcript of the proceedings. *** Mrs. Connelly suggested that many problems can be avoided if at the time a motion is being made, the Findings of Fact, Conclusions of Order Form is used, and the Secretary to this Board can jot down the facts, and if he finds that something has been left out, he can call this to the attention of the Board. Page 15 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 19, 1989 ITEM: COMMENTS: Mr. Clark stated that he would prefer that Mrs. Connelly, as Chairman of this Board, make the notes, and they will be reduced to writing within 10 ten days. *** Mrs. Wilson explained the use of the Conflict of Interest Forms. She advised that these forms must state the date of the hearing, the nature of the conflict, why a Board member is abstaining from voting. She indicated that this form must be filed within 15 days with the Clerk. Mr. Williams questioned whether a member of this Board is required to remove himself from the meeting when he is abstaining from a particular case? Mrs. Wilson stated that she will ascertain whether there is a specific policy on this issue, and advise prior to next month's meeting. *** Workshop Mr. Strain requested that a workshop be held immed- iately following today's regular meeting, to discuss the Rules and Regulations of the Code Enforcement Board. *** Report by Richard R. Clark Mr. Clark stated that Staff did a lot of investiga- tive work which involved extensive preparation, and he feels that they did an excellent job. He noted that all three persons that were brought before the Board today were found guilty. Mr. Clark advised that Mr. Evangelisto is also charged before Criminal Court, which does have retroactive capabilities of imposing fines. He noted that even though the Code Enforcement Board cannot impose retroactive fines, the Courts can. Mr. Clark related that the issue of St. Matthew's House will be brought before this Board on June 22, Page 16 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 19, 1989 1989. He noted that the existence of this facility is not based on feelings, but merely on facts of the ordinance or code violations. Mr. Clark indicated that the Compliance Services Section is very involved with the Housing Code Administration of that ordinance, and there have been a number of residences which have been disco- vered which are extremely substandard. He advised that a substantial number (23) of dwelling units that were unsafe have been demolished in the rmmokalee and Naples area. He stated that he is pleased to see this Board taking the responsibility that it is, and thanked all members for their par- ticipation. *** ITEM: Next Meeting Date Set For June 22, 1989 - 9:00 A.M. COMMENTS: It was determined that due to the possibility of the length of next month's meeting, the meeting will be held on June 22, 1989 at 9:00 A.M. *** ITEM: Meeting for July 13, 1989 to be held at 9:00 A.M. *** There being no further business, the meeting was adjourned by Order of the Chair - Time: 12:30 P.M. COLLIER COUNTY CODE ENFORCEMENT BOARD Darlene Connelly, Chairman Page 17