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HomeMy WebLinkAboutCEB Draft Minutes 112016 Code Enforcement Board Minutes – Draft November 2, 2016 at 9:00 a.m. Board of County Commissioners Building and Code Regulation Division Commission Chambers I. CALL TO ORDER The Code Enforcement Board meeting was called to order at 9:01 a.m., by Mr. Fogg. II. PLEDGE TO THE FLAG All those present rose to pledge allegiance to the flag. III. ROLL CALL PRESENT Chairman……………………………………………………….………..Mr. Ralph Fogg Vice-Chair………………….……………………………….……….......Mr. Randy Murdock Board Members...…………………………………………………….….Mr. Ray Hofmann ………………………………………………………………………….. Mrs. Margaret Monahan …………………………………………………………………………...Mr. Wes Taylor …………………………………………………………………………...Mr. Brad Currie Board Attorney…………………………………………………….…….Mr. Jack Krieger ABSENT Mr. Patrick Campion. IV. APPROVAL OF MINUTES – SEPTEMBER 7, 2016 Mr. Hofmann made a motion to accept the minutes of SEPTEMBER 7, 2016. Mr. Murdock seconded and the motion carried unanimously. V. SWEARING IN OF STAFF MEMBERS STAFF PRESENT Assistant County Attorney……………………………………………....Katherine Barbieri Building and Code Regulation Manager……….…………………….….Monica Graziani Building Official…………………………………………………………Carl Peterson Code Enforcement Supervisor…………………………………………...Danielle Williams Code Enforcement Officer ……………………………………………....Melissa Brubaker ……………………………………………………………………………Lynn Swartzel …………………………………………………………………………....Monica Vargas Barrios ……………………………………………………………………………Bea Goycochea ……………………………………………………………………………Mirlande Moise Stormwater Engineer….…………………………………….…………... Joshua Revord Board Secretary.…………………………………………………………..Debbie Isenhour Monica Graziani, Carl Peterson, Danielle Williams, Melissa Brubaker, Lynn Swartzel, Monica Vargas Barrios, Bea Goycochea, Mirlande Moise, and Joshua Revord were sworn in. VI. PUBLIC COMMENTS None. 2 VII. CONSENT AGENDA Satisfaction of Fine and Release of Lien _______ Acceptance of Payment & Satisfaction of Fine and Release of Lien – John Hayes (EST.) – Case No. 72150 Satisfaction of Fine and Release of Lien – Good Samaritan Ministries – Case No. 82469 Satisfaction of Fine and Release of Lien – Plant Haven Landscape Inc. – Case No. 56388 Satisfaction of Fine and Release of Lien – RWLS II LLC – Case No. 81403 Satisfaction of Fine and Release of Lien – PNC Bank NA – Case No. 85049 Satisfaction of Fine and Release of Lien – Alicia E. and Vincent Kruse – Case No. 84336 Rescinding of Findings of Fact, Conclusion of Law and Order & Order Imposing Fine/Lean____________ Rescinding of Findings of Fact, Conclusion of Law and Order & Order Impo sing Fine/Lean – Fine Investment Properties Inc. – Case No. 84808 Rescinding of Findings of Fact, Conclusion of Law and Order____________________________________ Rescinding of Findings of Fact, Conclusion of Law – Richard G. Zundel – Case No. 87859 Rescinding of Findings of Fact, Conclusion of Law and Order & Order Imposing Fine/Lean – C A Hunter Trust – Case No. 84542 Request for Fine Reduction Hearing _____________________________________________ Request for Fine Reduction Hearing – Charles E. Grant, Cindia Patterson-Grant & Yolanda M. Collins – Case No. 84395 Mr. Taylor made a motion to approve and accept staff’s recommendation as presented. Mr. Hofmann seconded and the motion carried unanimously. VIII. VIOLATION HEARING: The following cases were abated, removed, or withdrawn from the agenda: Case No. Location of Violation Contractor/Owner/Violator/Name 87665 2707 S 29th St., Ft. Pierce Mary Troesch 88066 3241 West Lake Dr., Ft. Pierce SFRA III LLC 87654 4902 Elm Ave., Ft. Pierce Fred Blakeslee III 89546 3625 Sunrise Blvd., Ft. Pierce North American Islamic Trust 88648 6705 Fort Walton Ave., Ft. Pierce David G. Conran 88647 2731 Seneca Ave., Ft. Pierce Debbie Sue Quandt and Peggy Sue Quandt 89518 5611 Shannon Dr., Ft. Pierce Chris L. King and Brittany Hawkins 88521 393 Midway Rd., Ft. Pierce AG and GM LLC 89369 7123-121 S US 1, Port St. Lucie Port St. Lucie Plaza I, II & III LLC 88391 7123-7121 S US 1, Port St. Lucie Little Bellagio 87513 5809 Spruce Dr., Ft. Pierce Jaar Group 89287 2107 N 41st St., Ft. Pierce Adriene Blakely 89104 331 Emerald Ln., Ft. Pierce Sabrina L. Blackburn and Dwayne Phillips 89657 8104 Lakeland Blvd., Ft. Pierce Quinn M. Roberts Case No. 87666 was heard first on the agenda: Case #87666, Location of violation, 2709 S 27th St., Ft. Pierce, FL, Property Owner, Susan Gray. Craig Bridgers, representative for the property owner was sworn in by the Board’s Secretary. Officer Goycochea addressed the Board and stated for the record, she is submitting three (3) photos dated April 25, 2016 and two (2) photos dated November 1, 2016. She stated on April 25, 2016, she inspected the property and found it in violation of Section 38-26, for outside storage of items and material and Section 11.05.01, to obtain a permit for the installation of exterior doors. She issued a letter on April 25, 2016 with 3 a compliance date of May 9, 2016. She stated after getting no compliance, she issued a certified Notice to Appear letter for the November 2, 2016 Code Board. She further stated on October 25, 2016 she received a voice message from Susan Gray stating that she working on getting the doors permitted. She noted as of November 1, 2016, the property is still in violation. There was discussion among the Board, staff and Mr. Bridgers regarding the violations on the property. Mr. Hofmann made a motion in reference to Case #8 7666 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the recommendations of staff with regard to the existence of a violation that we determine the violation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by February 2, 2017, a fine of up to $250.00 per day may be imposed. A cost of $200.00 has been imposed as the cost for prosecuting this case. Please take notice that on the 1st Wednesday of the month after the date given for compliance, at 9:00 am or soon thereafter, as may be heard, a Fine Hearing will be held if the violation is not abated by the given compliance date. Mr. Taylor seconded and the motion carried unanimously. Case #88470, Location of violation, 709 Easy St., Ft. Pierce, FL, Property Owner, Noam Holdings LLC. Jeffrey Miller, the property manager was sworn in by the Board’s Secretary. Officer Brubaker addressed the Board and stated for the record she is submitting five (5) photos, one (1) dated June 27, 2016, one (1) dated August 17, 2016, one (1) dated October 3, 2016, one (1) dated October 28, 2016 and one (1) dated November 1, 2016. She stated during her first inspection she found 709 Easy St. in violation of Section 38-97, for overgrowth. She issued a letter and gave a compliance date of July 13, 2016. She stated she has had contact with the representative and told them ways to correct the violation and as of November 2, 2016 the property remains in violation. There was discussion among the Board, staff and Mr. Miller, regarding the violation on the property. Mr. Taylor made a motion in reference to Case #88470 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the recommendations of staff with regard to the existence of a violation that we determine the violation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by February 1, 2017, a fine of up to $250.00 per day may be imposed. A cost of $200.00 has been imposed as the cost for prosecuting this case. Please t ake notice that on the 1st Wednesday of the month after the date given for compliance, at 9:00 am or soon thereafter, as may be heard, a Fine Hearing will be held if the violation is not abated by the given compliance date. Mr. Hofmann seconded and the motion carried unanimously. Case #87948, Location of violation, 5309 Sunset Blvd., Ft. Pierce, FL, Property Owner, Todd and Brittany Johnson. Mr. Johnson, the property owner was sworn in by the Board’s Secretary. Officer Brubaker addressed the Board and stated for the record, she is submitting four (4) photos one (1) dated May 12, 2016, one (1) dated August 30, 2016, one (1) dated October 27, 2016, and one (1) dated November 1, 2016. She stated during her first inspection she found 5309 Sunset Blvd. in violation of Section 7.10.14, Commercial Vehicle in a Residential Zone. She issued a letter and gave a compliance date of May 27, 2016. She stated she has had contact with the owner and they were going to try to reclassify the vehicle as a recreational vehicle or sell it. 2She stated as of November 1, 2016 the commercial vehicle is still there. There was discussion among the Board, staff and Mr. Johnson regarding the violation on the property. 4 Mr. Currie made a motion in reference to Case #87948 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the recommendations of staff with regard to the existence of a violation that we determine : There is no violation of the ordinance and we specifically reference Section 7.10.14 (A) in regards to vehicle weight and use of the vehicle. Mrs. Monahan seconded and the motion carried unanimously. Case #87653, Location of violation, 1000 Charlotta St., Ft. Pierce, FL, Property Owners, Robert and Lizabeth Cook. Mr. Cook, the property owner was sworn in by the Board’s Secretary. Officer Goycochea addressed the Board and stated for the record, she is submitting seven (7) photos dated April 22, 2016, and six (6) photos dated November 1, 2016. She stated on April 22, 2016, she inspected the property and found it in violation of Section 38-26, for the unserviceable vehicles on the property, Section 38-26, for having outside storage of items and materials, Section 8 .00.03, only two (2) recreational equipment are allowed on the property and Section 38-97, for excessive overgrowth of grass and weeds. Officer Goycochea stated she issued a letter on April 22, 2016, with a compliance date of May 6, 2016. She stated on July 6, 2016 Robert Cook called and asked for a thirty (30) day extension, he is working to get everything cleaned up. She stated he informed me that he is battling with diabetes and will give me a call once he is ready to verify to me that the vehicles do work. She stated after getting no compliance, she issued a certified Notice to Appear letter for the November 2, 2016 Code Board. She noted as of November 1, 2016 she has not had any further contact, and the property is still in violation. There was discussion among the Board, staff and Mr. Cook regarding the violations on the property. Mrs. Monahan made a motion in reference to Case #87653 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the recommendations of staff with regard to the existence of a violation that we determine the violation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by April 3, 2017, a fine of up to $250.00 per day may be imposed. A cost of $200.00 has been imposed as the cost for prosecu ting this case. Please take notice that on the 1st Wednesday of the month after the date given for compliance, at 9:00 am or soon thereafter, as may be heard, a Fine Hearing will be held if the violation is not abated by the given compliance date. Mr. Campion seconded and the motion carried unanimously. The Hall was sounded and Mr. Murdock read the name and number of the case of those not present into the record: Default Cases: Case No. Location of Violation Property Owner/Contractor/Violator______ 87855 1702 N 43rd St., Ft. Pierce Anthony Gecas 87510 2410 S 19th St., Ft. Pierce Janice and Michael J. Patrick 87512 111 SE Bonita Ct., Port St. Lucie Nanci and John Steinmetz 86615 621 Beach Ave., Port St. Lucie Larry W. and Betty D. Schrader 87411 212 Beach Ave.., Port St. Lucie Michael G. and Robin E. Grimm 87670 256 NW Airoso Blvd., Port St. Lucie Jose E. Gutierrez 88654 109 E Aldea St., Port St. Lucie Celeste C. Bush 87423 94 Aqua Ra Dr., Jensen Beach Janice C. Errichiello 88071 5237 Margaret Ann Ln., Ft. Pierce Dennis and Susan Lemoine 88722 273 Acorn Way, Ft. Pierce Guy L. Francis 89032 2821 Jefferson Pkwy. Apt. A, Ft. Pierce Auchekia S. Miles 89205 6604 Miramar Ave., Ft. Pierce Larry Ferger 5 89352 7808 Santa Rosa Pkwy., Ft. Pierce Daniel J. Dahan 89486 6404 Drawdy Pkwy., Ft. Pierce Jim Underwood Roofing 89875 7605 Lakeland Blvd., Ft. Pierce Melissa P. Currey 88519 5201 Sunset Blvd., Ft. Pierce FV-1 Inc. 89257 5002 Palm Dr., Ft. Pierce Jeffrey W. Paschal and Susan Flichtbeil Mr. Taylor made a motion in reference to the cases read into the record that the Code Enforcement Board enter an Order of Finding against the violator finding the violator in default and if the violator does not appear to contest the violations against him/her that the Board adopt the recommendation of staff as set forth on the agenda. Mr. Campion seconded and the motion carried unanimously. IX. FINE HEARING: Case #87292, Location of violation, 5811 Spruce Dr., Ft. Pierce, FL, Property Owner, Daneal V. Frank Jr. Mr. Frank Jr., property owner was sworn in by the Board’s Secretary, Officer Vargas Barrios addressed the Board and stated for the record, she is re-submitting three (3) pictures. One (1) dated February 13, 2015 from a previous case, one (1) dated July 22, 2016 and one (1) dated August 2, 2016. She stated this case was brought before the Code Enforcement Board on August 3, 2016 and was found in violation by default of St. Lucie County Land Development Code, 11.05.0, Building Permits for not having a permit for the fence. She stated the Board gave a compliance date of September 9 2016. She stated the permit is now issued as of September 19, 2016, and the property was in violation for ten (10) days. There was discussion among the Board, staff and Mr. Frank Jr. regarding the violation on the property. Mr. Currie made a motion in reference to Case No. 87292 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff with regard to the existence of a violation, that we determine the vio lation has been abated and no fine is imposed. Mr. Campion seconded and the motion carried unanimously. Case #86426, Location of violation, 4814 Sunset Blvd., Ft. Pierce, FL, Property Owner, Anupu Holdings LLC. There was no one present to represent the property owner. Officer Vargas Barrios addressed the Board and stated for the record she is re-submitting four (4) pictures, two (2) dated December 22, 2015, two (2) dated April 26, 2016 and a copy of the property appraiser card. Officer Vargas Barrios stated this case was brought before the Code Enforcement Board on May 4, 2016 and was found in violation of St. Lucie County Land Development Code, 11.05.01, Building Permits, for not having a permit for enclosing the aluminum porch including any electrical and windows, and for the wire lath through-out the entire house. She stated the property owner was present and the Board gave a compliance date of October 5, 2016. She stated the permit is now issued as of October 27, 2016 and the property was in violation for twenty-two (22) days. There was discussion among the board and staff regarding the violation on the property. Mr. Currie made a motion in reference to Case No. 86426 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff with regard to the existence of a violation, that we determine the violation has been abated and no fine is imposed. Mrs. Monahan seconded and the motion carried unanimously. 6 Case #88051, Location of violation, 3901 Metzger Rd., Ft. Pierce, FL, Property Owner, 1810 Four Ambassadors Holdings LLC. There was no one present to represent the property owner. Officer Williams addressed the Board and stated for the record, she is submitting five (5) photos dated June 6, 2016 and six (6) photos dated November 1, 2016. She stated during her first inspection on June 8, 2016, she found the property in violation of Section 38-26, for having outside storage of items and materials such as tires, concrete, debris, and other miscellaneous items, Section 13.08.00, article 304, for having a roof that is in disrepair, Section 13.09.00, article 301.3, for having an open and unsecured structure, and Section 38- 97, for having excessive overgrowth of grass and weeds. Officer Williams stated at the September 7, 2016 meeting the property owner was not present and the board found the property in default and gave a compliance date of October 7, 2016. She stated the only contact she had with a representative of the property owner was back on August 28, 2016 when she received a call requesting the case to be removed from the agenda to give them more time to correct the violation. She stated she explained that someone needed to appear before the board to request more time. She noted since then she has not heard back from the representative and as of yesterday, November 1, 2016, the property remains the same. There was discussion among the Board and staff regarding the violations on the property. Mr. Currie made a motion in reference to Case No. 88051 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation still exists, after considering the gravity of the violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting October 8, 2016 with a maximum fine not to exceed $10,000.00. Mrs. Monahan seconded and the motion carried unanimously. 2nd Motion Mrs. Monahan made a motion in reference to Case No. 88051 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the recommendations of staff with regard to the existence of a violation t hat we determine the condition caused the violation presents a serious threat to the public health, safety, and welfare and Staff is directed to notify the St. Lucie County Board of County Commissioners of the conditions. Mr. Campion seconded and the motion carried unanimously. Case #88233, Location of violation, 6113 Tedder Rd., Ft. Pierce, FL, Property Owner, EJ’s Rental Equipment LLC. There was no one present to represent the property owner. Officer Williams addressed the Board and stated for the record, for the record, she is submitting four (4) photos dated June 8, 2016. She stated during her first inspection on June 8, 2016, she found the property in violation of Section 13.08.01, article 505, for not having a water softener system, Section 13.08.01, article 304.13, for having a front door that is not weather tight, Section 13.08.01, article 504, for the plumbing not being in good working conditions and for having the washing machine water draining unto the ground , and Section 13.08.1, article 604, for having uncovered electrical outlets. She stated at the September 7, 2016 meeting, the property owner was not present and the Board found the property in default and gave a compliance date of October 7, 2016. She noted she has not had any contact with the property owner and as of today, November 2, 2016. She has not received any proof that the violations have been corrected. There was discussion among the Board and staff regarding the violations on the property. Mr. Currie made a motion in reference to Case No. 88233 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that 7 the violation still exists, after considering the gravity of the violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting October 8, 2016 with a maximum fine not to exceed $10,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case #87532, Location of violation, 709 Easy St., Ft. Pierce, FL, Property Owner, Noam Holdings LLC. Jeffrey Miller, the property manager was sworn in by the Board’s Secretary. Officer Brubaker addressed the Board and stated for the record, she is submitting five (5) photos, one (1) dated April 8, 2016, one (1) dated July 26, 2016, one (1) dated October 3, 2016, one (1) dated October 28, 2016, and one (1) dated November 1, 2016. She stated this case was found in default at the August 2016 Code Board for Section 7.09.05, to remove the pepper trees that are encroaching on the neighbor’s property. She stated the Board gave until September 10, 2016 to come into compliance. She stated she has had contact with the representative and explained how to correct the violations and as of November 2, 2016 the property remains in violation. There was discussion among the Board, staff and Mr. Miller regarding the violation on the property. Mr. Hofmann made a motion in reference to Case No. 87532 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation still exists, after considering the gravity of the violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation s exist starting November 15, 2016 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case #87392, Location of violation, 9024 Champions Way, Port St. Lucie, FL, Property Owner, Gertrude Maxwell (EST). There was no one present to represent the property o wner. Officer Brubaker addressed the Board and stated for the record, she is submitting seven (7) photos, two (2) dated April 20, 2016, two (2) dated August 2, 2016, two (2) dated October 21, 2016, and one (1) dated November 1, 2016. She stated this case was found in default at the August Code Board for Section 13.08.00, Article 303.1, the swimming pool must be maintained and Section 8.00.05, to repair the ripped screens the Board gave until September 10, 2016 to come into compliance. She stated on October 20, 2016 the county hired a contractor and had the pool covered and abated Section 13.08.00, Article 303.1. She noted she has not had contact with the owner and as of November 2, 2016 the screens have not been repaired and the property remains in violation. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case No. 87392 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation still exists, after considering the gravity of the violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting September 10, 2016 with a maximum fine not to exceed $10,000.00. Mr. Currie seconded and the motion carried unanimously. Case #87893, Location of violation, 5908 Spruce Dr., Ft. Pierce, FL, Property Owner, Athanase Yanopoulos. There was no one present to represent the property owner. 8 Officer Brubaker addressed the Board and stated for the record, she is submitting seven (7) photos, one (1) dated May 9, 2016, one (1) dated July 26, 2016, two (2) dated September 2, 2016, one (1) dated October 26, 2016, and two (2) dated November 1, 2016. She stated this case was found in default at the September Code Board meeting for Section 38-26, outside storage. She stated the Board gave until October 8, 2016 to come into compliance. She noted she has had no contact with the owner and as of November 2, 2016 the property remains in violation. Chairman Fogg stated we are looking for a motion. Mr. Campion made a motion in reference to Case No. 87893 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staf f that the violation still exists, after considering the gravity of the violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be impose d for each day the violation exists starting October 8, 2016 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried unanimously. Case #87391, Location of violation, 175 SE Serenata Ct., Port St. Lucie, FL, Property Owner, TIF-FK-B LLC. There was no one present to represent the property owner. Officer Goycochea addressed the Board and stated for the record, she is re-submitting one (1) photo dated March 30, 2016 and one (1) photo dated August 29, 2016. She stated this case was brought to the September 7, 2016 Code Enforcement Board for being in violation of Section 13.09.00, Property Maintenance Code Section 302.7, please remove repair or remove the wood fence. She stated the Board found the case in default since no one was present to represent the property owner. She stated the Board found this case in default as no one was present and gave a compliance date of October 7, 2016. She noted she has not had any contact with the property owner and as of November 1, 2016, the property is still in violation. Chairman Fogg stated we are looking for a motion. Mr. Campion made a motion in reference to Case No. 87391 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation still exists, after considering the gravity of the violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting October 8, 2016 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. Case #86932, Location of violation, 106 Ohio St., Ft. Pierce, FL, Property Owner, Bonnie S. De Jean. There was no one present to represent the property owner. Officer Goycochea addressed the Board and stated for the record, she is submitting resubmitting thirty one (31) photos all dated march 3rd, 2016. She stated this case was brought to the September 7, 2016 Code Enforcement Board for being in violation of Section 38-26, for outside storage of items and material, Section 11.05.01, Building and Sign Permits, a permit is required for the screen enclosure, wood deck and above ground pool, Section 13.08.01, Standard Housing Code, Article 504.1, Plumbing Systems and Fixtures, Section 13.08.01 Standard Housing Code, sub-section 304.13.2, every window shall be easily openable, Section 13.08.01, Standard Housing Code, sub-section 505.4, water heating facilities must be properly installed, Section 13.08.01, Standard Housing Code, sub-section 304, Exterior Structure, the roof and windows must be in good repair and structurally sound, Section 13.08.01, Standard Housing Code, Article 305 Interior Structure, the ceilings must be in good repair and structurally sound, and Section 13.08.01, Standard Housing Code, sub-section 604.3, Electrical System Hazards, the electrical system such as exposed wires and running of extension cords is unsafe. She stated the Board found the case in default since no one was present to represent the property owner. She stated the Board gave a compliance date of October 7, 9 2016. She stated on October 14, 2016, her supervisor Danielle Williams spoke with Bonnie De Jean, and Bonnie stated she had just received the notice regarding the Code Board meeting. She noted Danielle explained the violations to her and she said the inside of the property has been taken care of and she is getting permits for the screen room, deck and pool. She stated an appointment was set to meet with the property representative (Frank) and soon after cancelled. She stated staff has not had any further contact with the property owner or the representative and as of November 1, 2016 the property is still in violation. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case No. 86932 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation still exists, after considering the gravity of the violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting October 8, 2016 with a maximum fine not to exceed $10,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case #87550, Location of violation, 2703 Cherokee Ave., Ft. Pierce, FL, Property Owner, Scott A. Hudson. There was no one present to represent the property owner. Officer Swartzel addressed the Board and stated for the record, she is submitting eight (8) photos, one (1) dated April 11, 2016, one (1) dated June 29, 2016, one (1) dated July 28, 2016, one (1) dated August 1, 2016, one (1) dated August 2, 2016, one (1) dated October 3, 2016, one (1) dated October 21, 2016, and one (1) dated October 28, 2016. She stated 2703 Cherokee Ave. was brought to the August 3, 2016 Code Board and found in default of Section 38-26, Unserviceable Vehicle. She stated the Board gave a compliance date of September 9, 2016. She noted since the August Code Board she has had no contact with the property owner and the property still remains in violation. Chairman Fogg stated we are looking for a motion. Mr. Currie made a motion in reference to Case No. 87550 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation still exists, after considering the gravity of the violation, the actio ns if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting September 10, 2016 with a maximum fine not to exceed $5,000.00. Mr. Campion seconded and the motion carried unanimously. Case #88097, Location of violation, 5003 Sanibel Ave., Ft. Pierce, FL, Property Owner, GGH 44 LLC. There was no one present to represent the property owner. Officer Swartzel addressed the Board and stated for the record, she is submitting seven (7) photos, one dated May 26, 2016, three (3) dated August 29, 2016, and three (3) dated October 28, 2016. She stated 5003 Sanibel Ave. was brought to the September 7, 2016 Code Board and found in default of Section 38 -97, Prohibited Acts, overgrowth of grass and weeds. She stated the Board gave a compliance date of October 7, 2016. She stated she has had no contact with the property owners since the Code Board and t he property still remains in violation. She stated after the Board makes it determination today the county will be scheduling this property for the assessment order to abate the violation. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case No. 88097 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation still exists, after considering the gravity of the violation, the actions if any taken by the 10 violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting October 8, 2016 with a maximum fine not to exceed $10,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case #87897, Location of violation, 5280 N US Hwy. 1, Ft. Pierce, FL, Property Owner, Dennis W. Moore. There was no one present to represent the property owner. Officer Swartzel addressed the Board and stated staff is requesting this case be continued to the December 7, 2016 Code Board Hearing. Mr. Currie made a motion in reference to Case No. 87897 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on December 7, 2016 Mrs. Monahan seconded and the motion carried unanimously. Case #87898, Location of violation, 5280 N US Hwy. 1, Ft. Pierce, FL, Tenant, JT Auto & Custom Auto Repair. There was no one present to represent the property owner. Officer Swartzel addressed the Board and stated staff is requesting this case be continued to the December 7, 2016 Code Board Hearing. Mr. Currie made a motion in reference to Case No. 87897 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on December 7, 2016 Mrs. Monahan seconded and the motion carried unanimously. Case #88193, Location of violation, 7601 Sebastian Rd., Ft. Pierce, FL, Property Owner, Corinna Peace. There was no one present to represent the property owner. Officer Swartzel addressed the Board and stated for the record, she is submitting nine (9) photos, one (1) dated June 2, 2016, two (2) dated August 29, 2016, two (2) dated September 2, 2016 and four (4) dated October 28, 2016. She stated 7601 Sebastian was brought to the September 7 2016 Code Board and found in default of Section 38-97, Prohibited Acts, overgrowth of grass and weeds, 13.09.00, Exterior Property Maintenance, Section 302.7, Accessory Structures, to repair, replace or remove the damaged fence. She stated the Board gave a compliance date of October 7, 2016. She stated she has had no contact with the property owners since the Board and the property remains in violation. She stated after the Board determines a decisions today the county will schedule the property for the assessment in order to abate the overgrowth on the property. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case No. 88193 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation still exists, after considering the gravity of the v iolation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting October 8, 2016 with a maximum fine not to exceed $5,000.00. Mr. Hofmann seconded and the motion carried unanimously. Case #88637, Location of violation, 7202 Citrus Park Blvd., Ft. Pierce, FL, Property Owner, Steve and Carolyn Prince. There was no one present to represent the p roperty owner. 11 Officer Swartzel addressed the Board and stated for the record, sh e is submitting five (5) photos, one (1) dated June 29, 2016, one (1) dated August 29, 2016, one (1) dated September 2, 201, and three (3) dated October 28, 2016. She stated 7202 Citrus Park Blvd. was brought to the September 7, 2016 Code Board and found in default of 13.08.00, Standard Housing Code, Section 304, Exterior Structure, the balcony including guards and handrails need to be in good repair and structurally sound, Section 11.05.01, Building and Sign Permits, to obtain a permit to repair or replace the balcony. She stated the B oard gave a compliance date of October 7, 2016. She noted she has had no contact with the property owners since the September Code Board and as of November 1, 2016 this property remains in violation. Chairman Fogg stated we are looking for a motion. Mr. Hofmann made a motion in reference to Case No. 88637 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation still exists, after considering the gravity of the v iolation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting October 8, 2016 with a maximum fine not to exceed $5,000.00. Mr. Monahan seconded and the motion carried unanimously. Case #88704, Location of violation, 4707 San Diego Ave., Ft. Pierce, FL, Property Owner, Lafae N. Bacon. There was no one present to represent the property owner . Officer Moise addressed the Board and stated for the record, she is submitting nine (9) photos, one (1) dated June 30, 2016, one (1) dated August 29, 2016, two (2) dated September 6, 2016, two (2) dated October 24, 2016, and three (3) dated November 1, 2016. She stated on June 30, 2016, she inspected the property and found it in violation of Section 38-26, for outside storage and unserviceable vehicles, and Section 38-97, for over growth. She stated at the September 7, 2016 meeting, the property owner was not present and the Board found the property in default and gave a compliance date of October 7, 2016. She stated since the Board meeting she has had one (1) contact with the owner. She stated Section 38-97, has abated and as of November 1, 2016 the property remains in violation. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case No. 88704 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation still exists, after considering the gravity of the violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting October 8, 2016 with a maximum fine not to exceed $10,000.00. Mr. Campion seconded and the motion carried unanimously. X. REPEAT VIOLATION: None. XI. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS: None. XII. FINE REDUCTION HEARING Case No. 70938, Location of violation, 7000 Arthurs Rd., Ft. Pierce, FL, Property Owner, Paul A. Dickert. Fine Reduction requested by Bernadine Jones, Property Manager. Bernadine Jones, was sworn in by the Board’s Secretary. 12 There was discussion among the Board, staff, and Bernadine Jones regarding the fine reduction request for the property. Mr. Currie made a motion in reference to Case #70938 that the Code Enforcement Board makes the following determination: The fine of $5,000.00 and prosecution cost of $200.00 imposed by the Code Enforcement Board is hereby reduced to the amount of $500.00. This reduced fine must be paid within thirty (30) days of this hearing or the fine will revert back to the original fine of $5,000.00 and prosecution cost of $200.00. Mr. Campion seconded and the motion carried unanimously. XIII. REQUEST FOR REHEARING: Case No. 88842, Location of violation, 4591 N US Hwy. 1, Ft. Pierce, FL, Property Owner. Plainsman Investments LLC. Rehearing requested by Cody Banks. There was no one present to represent the property owner. Mrs. Monahan made a motion in reference to Case #88842 that the Code Enforcement Board makes the following determination: After hearing the facts or not, the testimony, and the recommendation of staff with regard to this fine we deny this request for a rehearing as no one was present. Mr. Murdock seconded and the motion carried unanimously. FROM VIOLATION HEARING: Case #88335, Location of violation, 8208 Fort Pierce Blvd., Ft. Pierce, FL, Property Owner, Big D’s Landscaping and Property Maintenance Inc. This case was read into the record as a default. Mr. Bruce Harris, property owner arrived at 10:48 a.m. Mr. Currie made a motion to rehear Case #88335. Mr. Taylor seconded and the motion carried unanimously. Bruce Harris, the property owner was sworn in by the Board’s Secretary. Officer Swartzel addressed the Board and stated for the record, she is re -submitting eleven (11) pictures. two (2) dated May 18, 2016, two (2) dated August 24, 2016, two (2) dated October 3, 2016, two (2) dated October 21, 2016 and two (2) dated October 28, 2016. She stated during her first inspection she found 8208 Fort Pierce Blvd. to be in violation of Section 8.00.05, Swimming Pools, the pool must be secured by a fence or screen enclosure, Section 38-97, Prohibited Acts, the pool water is stagnant & unsanitary, and therefore needs to be corrected as soon as possible and 13.09.00, Section 303.2, Protective Treatment, to repair or replace the torn/missing screening from the screen room and repair the screen door. She issued a letter and gave a compliance date of June 30, 2016. She stated she has had contact with the owner of the property and discussed ways to bring the property into compliance. She stated on September 12, 2016 she issued a certified letter and then on October 21, 2016 the property was posted. She noted as of November 1, 2016 the property still remains in violation. There was discussion among the Board, staff, and Mr. Harris regarding the violations on the property. Mr. Campion made a motion in reference to Case #88335 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the recommendations of staff with regard to the existence of a violation that we determine the violation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by December 9, 2016, a fine of up to $250.00 per day may be imposed. A cost of $200.00 has been imposed as the cost for prosecuting this case. Please take notice that on the 1 st Wednesday of the month after the date given for compliance, 13 at 9:00 am or soon thereafter, as may be heard, a Fine Hearing will be held if the violation is not abated by the given compliance date. Mr. Currie seconded and the motion carried. XIV. OTHER BUSINESS: There was discussion among the Board on cancelling the January 4, 2017 Code Board Hearing due to the holiday. Mr. Currie made a motion to cancel the January 4, 2017 Code Board Hearing. Mr. Campion seconded and the motion carried. XV. STAFF BUSINESS: Referral to the Board of County Commissioners – Case No. 86549,Willie J. and Melissa Lee,3402 Ave. F. Katherine Barbieri, Assistant County Attorney addressed the Board and stated at this came before the Board September 7, 2016 and the Board at that time you ordered a fine and ordered us to take it to the Board of County Commissioners. She stated since that time the owners have met with staff and you will see they have improved the condition. She stated she does not know if it is quite to abatement yet, but it has been improved. She stated the Building Official and Code Supervisor has been out there and at this time staff is recommending that it not go to the Board of County Commissioners. She stated it is up to the Board if you still want us to take it to the Board of County Commissioners we will. She stated the Building Official and Code Supervisor can give you more information. Chairman Fogg asked staff so you did go out and look or you do not want to go out there. Katherine Barbieri answered they have been out there several times. Mr. Campion asked and the property owner is working with us. Officer Williams stated that is correct. Mr. Campion stated so you are asking us to make a motion to withdraw our sending it to the Board of County Commissioners. Officer Williams answered that is correct Mr. Campion made a motion: I hereby move in reference to Case #86549 that the Code Enforcement Board withdraws there recommendation to send this case to the Board of County Commissioners. Mr. Murdock seconded and the motion carried unanimously. ADJOURN: There was no further business and the meeting was adjourned at 11:00 a.m.